W.P.(C) 1726/2023 & CM APPL.6541-42/2023
KESHAW SANYASI GAWO SHEWASHARAM vs GOVERNMENT OF NCT, NEW DELHI AND ANR
In this instant petition the Petitioner challenged the notice of eviction bearing no. S23 (ROAD)/S.B.A. MANDAL M-321/166 of 28th January, 2023 issued by the Public Welfare Department. Petition before the JUSTICE PRATHIBA M. SINGH.
FACTS OF THE CASE
The Petitioner (Keshaw Sanyasi Gawo Shewasharam) is a registered trust and is running a cow shelter and mandir at Bhairon Marg.
The notice mentioned above required all the slum dwellers of Bhairo Marg, Opposite Gate No.1, Pragati Maidan to voluntarily demolish their slum within 15 days of information phase, otherwise, their slum would be removed with the help of police and will be sent to the shelter home (Dwarka, Geeta Colony) identified by the Delhi Urban Improvement Shelter Board (DUSIB), in which the maximum period of stay would be 03 months.
The Petitioner is involved in taking care and looking after old, ailing, and abandoned cows in a Gaushala. The Gaushala of the Petitioner is situated upon the land of which the mentioned notice had been issued by Respondent No.2.
The petitioner stated that the Gaushala has been existing on the said land for the past 15 years. The Petitioner had electricity connection installed, and the Aadhaar card of the Chairperson of the Petitioner has been issued in respect of the said premises.
The ld. Counsel appearing for the Petitioner contended that the notice had been issued without any show cause notice or providing any hearing to the Petitioner.
The Court held that the eviction notice itself identifies alternative accommodation given to the Petitioner i.e., shelter home in Dwarka, Geeta Colony. Thus, it was directed by the Court that the reliefs sought by the Petitioner would not be liable to be granted.
The Court considering the existence of the cows in the premises of the Petitioner, ordered that an alternate shelter home for the cows shall also be provided by the Respondents within a week. Thereafter, the Respondent authorities should provide the Petitioner a period of a week for moving to the shelter home.
The Court further stated that it would be the responsibility of the Respondent authorities to ensure that the basic amenities at the relocated shelter home are duly made available for the Petitioner.
Addressing the period of stay the Court further clarified that the condition of maximum period of stay of three months would not be applicable to the cows, which are to be moved to the alternate cow shelter
Thus disposing off the petition and the pending applications.
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JUDGEMENT REVIEWED BY ADITYA G S.