Case Note & Summary
The petitioner approached the Supreme Court under Article 32 of the Constitution of India, seeking protection against the potential demolition of his shop located at Peeragarhi Relief Camp, New Delhi, until he was provided with an alternative shop. The petitioner expressed concern that the respondents might demolish his shop, but failed to provide any justifiable reason for this belief. In response to the notice issued by the Court, the respondents' advocates assured that there was no current proposal for demolition and that the petitioner would not be evicted without due legal process. Given this assurance, the Court found that the petitioner's grievance was no longer valid and thus disposed of the petition without any order as to costs. The judgment was delivered on March 10, 2011.
Headnote
A) Constitutional Law - Writ Jurisdiction - Protection Against Demolition - Article 32 of the Constitution of India - Petitioner sought protection against the demolition of his shop until an alternative was provided. Court noted that there was no justifiable reason for the apprehension of demolition and respondents assured no demolition would occur without following the law. Held that the grievance did not survive and the petition was disposed of with no order as to costs (Paras 1-4).
Issue of Consideration
Whether the petitioner should be protected from the demolition of his shop until an alternative is provided.
Final Decision
The Court dismissed the writ petition, finding that the grievance did not survive due to the assurance provided by the respondents regarding the non-demolition of the shop.
Law Points
- Article 32 of the Constitution of India
- assurance of no demolition
- eviction procedures
