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2023 DIGILAW 3131 (DEL)

Amarjeet Kaur v. Delhi Metro Rail Corporation

2023-05-22

PRATHIBA M.SINGH

body2023
JUDGMENT Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode. CM APPL. 25554/2023 (for exemption) 2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 6489/2023 3. The Petitioner has filed the present petition seeking urgent relief for compensation or provision of alternative accommodation. The claim of the Petitioner is that she was living with her family for the last 50 years in property bearing no. 39, Rameshwer Nagar-Azadpur, New Delhi-110052 ( hereinafter `subject property' ). The subject property got damaged due to the tunnelling under construction work in Azadpur area for construction of the Mukundpur-Yamuna Vihar Corridor of Delhi MRTS project of Phase-III. The case of the Petitioner is that she was running a shop on the Ground Floor of the subject property and had given out some portion of property on rent as well. 4. The DMRC had acknowledged that the building had developed cracks during the execution of some underground works vide letter dated 7th December, 2016 issued by the Project Manager, 1A, DMRC. Vide letter dated 14th August 2017, the Municipal Corporation of Delhi had declared the subject property unsuitable for inhabitation. Thereafter, CSIR-Central Building Research Institute, Roorkee in its Building Investigation Report, February 2018, even recommended for the demolition of the subject property. The report of CBRI, Roorkee was communicated to the Petitioner by the Respondent No. 2-M/s CEC-CICI JV by letter dated 8th March, 2018 5. The Petitioner and her family were initially shifted to a hotel in the vicinity, i.e., Kailash Dev Hotel, Adarsh Nagar and were later given alternate residential accommodation. In respect of the said alternate accommodation, an eviction decree has been passed against the Petitioner, due to non-payment of rent by the Respondents. Hence, the present writ petition seeks the following prayers: "(a) Issue a writ in the nature of mandamus directing the Respondent No.1 to reconstruct the Property of the Petitioner as assured and agreed to its original condition; OR IN ALTERNATIVE (b) Direct the Respondents to appropriately compensate the Petitioners with the cost of reconstruction of the Property of the Petitioner to its original state; (c) Direct the Respondents to provide alternative accommodation to the Petitioner till the time the Property is reconstructed/restored. (c) This Hon'ble Court be also pleased to grant such other and/or further reliefs or order I directions, as may be deemed fit, expedient and/or appropriate." 6. Heard. (c) This Hon'ble Court be also pleased to grant such other and/or further reliefs or order I directions, as may be deemed fit, expedient and/or appropriate." 6. Heard. Clearly, the responsibility of providing alternate accommodation and compensation rests upon the DMRC as also its contractor with whom they have a joint venture. The Petitioner or her family cannot be made to undergo so much harassment and frustration due to no fault of theirs. They have in fact been deprived of their property for the last so many years and have also endured eviction proceedings. Such a state of mind can be severely traumatising. 7. Clearly, considering the requirements for the everyday sustenance of the Petitioner, there is a dire need for an urgent accommodation and compensation for the damage to the subject property to be provided. 8. Considering the nature of the matter, issue notice. 9. Notice is accepted by Mr. Pulkit Tare, ld. Counsel for DMRC. He seeks time to file a reply. In view of the urgency, let the ld. Counsel seek instructions on the alternate accommodation being provided to the Petitioner as also the compensation. It is further directed that a senior official of the DMRC, who is aware of the matter, shall remain present in Court on the next date of hearing. 10. List on 26th May, 2023.