Letters Patent Appeal Against Division Bench Order Not Tenable In Law: Delhi High Court Imposes Cost

The Delhi High Court on Monday dismissed a Letters Patent Appeal, filed against an order passed by the division bench, with Rs. 5,000 cost.The Bench comprising of Chief Justice D. N. Patel and Justice Jyoti Singh made it clear that a "LPA against a division bench order is not tenable in law.""File the appropriate remedy. A Special Leave Petition or whatever recourse is permissible in law," it orally told the Appellant.The observation was made in appeal filed against an order dated 12.10.21 passed by the bench in Yuva Sangharsh Samiti v. State of NCT of Delhi & Ors., WP(C) 6649/2021. Vide the impugned order, the Bench had directed the concerned authority of Delhi Government to give adequate opportunity of being heard to the owners/occupiers of the alleged illegal construction over Public as well as Delhi Gate Qabristan. The impugned order was passed in a disposed of a public interest litigation, where the petitioner had sought immediate removal encroachment and regular Accounts Audit of Delhi Gate Qabristan, apart from other reliefs.The petitioners had claimed that various shops, offices and other outlets leading to the Delhi Gate Qabristan had encroached upon government land. The Court had disposed of the PIL with a direction to look into the grievances ventilated by the Petitioner in accordance with law. However, subsequently, the alleged encroachers approached the Court, alleging that no notice has been served upon them till date.They claimed to be small scale publishers and media professionals running small time businesses from small spaces / shops in the premises in question and are bonafide occupiers with UPIC ID Cards issued by SDMC.Accordingly, the division bench had directed the SDMC that no action shall be taken without giving adequate opportunity of hearing to the owners/occupiers.It is this order, against which the LPA was preferred.Dismissing the same, the Court ordered,"cost of Rs.5,000/-, to be paid by the Appellants to the Delhi State Legal Services Authority, within four weeks from today. The aforesaid amount shall be utilized for the programme 'Access to Justice'." Case Title: Shafiq Khan & Ors. v. State NCT of Delhi & Anr. Case No.: LPA 47/2022Citation: 2022 LiveLaw (Del) 29

Letters Patent Appeal Against Division Bench Order Not Tenable In Law: Delhi High Court Imposes Cost

Suhavi Arya

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