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High Court stays order on eviction

By Our Staff Reporter

NEW DELHI, JULY 13. The Delhi High Court today stayed the operation of a judgment in which an eviction order by the Estate Officer against two properties allegedly built on a piece of land of the Delhi Cantonment Board by the BJP MLA from Delhi Cantonment, Karan Singh Tanwar, had been upheld by Sanjay Kishan Kaul of the High Court earlier this month.

A Division Bench comprising Justice D.K. Jain and Justice Madan B. Lokur allowed Mr. Tanwar's appeal against Mr. Justice Kaul's judgment, saying that it was a fit case for reconsideration.

In the earlier petition, Mr. Tanwar had challenged the eviction order in respect of premises nos. CB-131 (New) and CB-50D (Old) in Naraina Village in South-West Delhi contending that he was the owner and in occupation of the two properties since 1975.

Dismissing the petition, Justice Sanjay Kishan Kaul had said: "I find the writ petition devoid of any merit or substance and an abuse of the process of the Court. The writ petition is accordingly dismissed with costs of Rs. 20,000.''

``In my considered view, the petition suffers from concealment of material facts and mis-declaration of the facts. The petitioner has not approached this court with clean hands, and apart from the merits of the matter... ... ... . the petitioner is liable to be non-suited on this ground alone, Mr. Justice Kaul observed.

The land in question was acquired by the Land Acquisition Officer in 1961 and the ward was granted in 1976. The land is stated to have been originally owned by Lal Singh who had filed objections to the acquisition proceedings.

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