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Court order to demolish shops

(Querist) 23 August 2012 This query is : Resolved 
Dear Experts,
Kindly provide legal advice.
A female Baba {fake} was allotted a plot of land by State Urban Development Agency for religious purpose as a relative of Baba was a position holder in the agency. Baba constructed 24 shops facing main road and obtained advance from shopkeepers. Licencee agreement was signed.To many shopkeepers no receipt was issued. Some shopkeepers succeeded in getting the receipts. Shops have one door and shutter in front and one rear door and both doors are locked by shopkeepers. Monthly rent was being taken but no receipt was issued to many shopkeepers. Some shopkeepers succeeded in getting the monthly receipt but purpose was mentioned as donation and rent was not written. Baba had formed a trust with herself as Chairman and her daughters as trusties. No map was approved for shops and residential {palatial} structures erected by baba. Baba was in habit of using foul language with shopkeepers and would now and then barge into the shops and threat the shopkeepers and refuse to pay for items taken from shopkeepers. Shopkeepers objected and baba lodged false police complaints and police picked up some shopkeepers. Baba disconnected electricity of some shopkeepers and shopkeepers got relief from DCDRF and electricity meters have been installed. Baba forcibly got some shops vacated and put her locks and opened the rear gate and lifted goods from shops. Litigation is going on and courts have provided stay. Shopkeepers formed a society.
Some shopkeepers approached a PIL lawyer. Lawyer of baba agreed in HC that shops are not rooms and are illegal and they are wiling to demolish the shops. HC has directed that all shops be demolished { within a week from receipt of order}except those for which litigation is going on, and shopkeepers may claim damages from Baba in local courts. State Urban Development Agency has been pulled up by HC. Acting Chief justice has ignored the pleas of shopkeepers that they shall be without source of livelihood, and they are not at fault.
Shopkeepers feel that they should approach SC.
What should be done by these hapless shopkeepers? Kindly provide a remedy.

radha (Querist) 23 August 2012
Some of the shopkeepers appealed to the HC that they are willing to buy the shops. HC instead of reprimanding the state Urban development agency or ordering the whole structure to be resumed by agency has rather issued order to demolish the shops only.
radha (Querist) 23 August 2012
many of the shopkeepers are occupying shops for last 5 years and more.
Adv.R.P.Chugh (Expert) 23 August 2012
1. That is what is normally done in such cases, this may sound blunt but 5 years of illegality does not turn into legality. The land was for religious use and buyers should have been more diligent as well.

2. Though in the fitness of things the High Court instead of leaving the poor shopkeepers to explore their own remedy in regular civil suits, should have given some compensation due to the inaction on the part of state bodies, which led them to believe that the premises were secure.
Sudhir Kumar, Advocate Online (Expert) 24 August 2012
Please read the advise of Mr chugh twice.

It is you who have walked into the trap and lived in illegality. As described by you none has a rent receipt.

High Court has rejected their plea and teir only hope is in Supreme Court hoping the Supreme Court to allow and their illegal occupation and setting nationwide precedent?

radha (Querist) 25 August 2012
Shopkeepers are contemplating to approach SC for stay on demolition of shops and for regularization of shops and cancellation of allotment of Baba.
Is their any merit? Kindly advice what steps should be taken?

HC has ordered that:
-the shops of shopkeepers who are in litigation with Baba shall not be demolished.Balance should be demolished.
-all shopkeepers may file claim for damages from Baba at their location.
-has reprimanded state urban development agency saying the agency was created to check and stop illegal construction before the structure is erected and state is paying huge salary bill of the staff. What for? How can a huge market go unnoticed while the agency has junior and senior filed staff, vigilance staff, and this can not be unless agency shuts its eyes, closes its ears and mouth and does not bite? The agency has miserably failed.
All shopkeepers had filed the application stating that the allotment of Baba is canceled and land be resumed and that they are willing to buy the shops from agency at current market price thus state and agency shall also earn revenue. Does this also imply that they have pleaded to regularize the shops?
The Baba had prepared a licencee agreement and the some shopkeepers signed it. Some shopkeepers have succeeded in getting rent written on receipts. Some shopkeepers succeeded in getting the receipt of advance paid by them.

Shopkeepers are contemplating on requesting the HC to modify its order as HC has not cancelled the allotment of Baba and has not penalized and punished the agency for allowing violation of allotment conditions by Baba despite the fact that shopkeepers had obtained info under RTI from agency. Under RTI agency has written that allotment was for religious purpose and not for commercial hence even rooms {Baba has been calling shops as rooms}. Moreover the map of palatial residential building constructed inside the plot is for Baba and her daughter is also not passed by agency. The daughters of Baba are married/divorced and are employed for last many years.
radha (Querist) 26 August 2012
Shopkeepers are trying to collect the copy of HC judgement.It has not been signed.
radha (Querist) 07 September 2012
It is learnt that Mr. Bharat Chugh has been able to secure stay order from SC for shopkeepers.
It is prayed that Mr Bharat Chugh be successful to get justice to shopkeepers.


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