Asserting that the Supreme Court is for citizens first, a bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud on Friday protected a chemist shop owner in Chandigarh from being dispossessed and stalled the auction ordered by the administration which flew in the face of a civil court order allowing him to remain in possession as the shop lease was valid till September 2024.
Issuing notice to the department of health and family welfare to respond by Friday, the bench, also comprising justices PS Narasimha and JB Pardiwala said, “We stay the direction of the high court of February 14 insofar as it permits the Chandigarh administration to lease out the shop, till the next date of hearing.”
The order was passed in response to a petition filed by Sunil Kumar who faced three notices to show cause and had obtained an order from the civil court on December 14 staying his dispossession.
Senior advocate PS Patwalia appearing for the aggrieved petitioner informed the top court that the action by the administration is being done at the behest of the home secretary of Chandigarh who has an office above the shop located at Chandigarh. He was operating the shop since 1993 and last renewed his lease in September 2019 for five years.
The bench said, “We are for citizens and citizens only. Let home secretary come here.”
Patwalia claimed that the first show cause notice on his property was issued on September 10 claiming a breach of lease conditions on account of unauthorised construction. This was followed by another notice on September 15. On December 22, the department of health and family welfare allowed the petitioner to vacate that portion of land that encroached on public passage.
The encroached portion came to be demolished by the administration but the petitioner was slapped with a notice for depositing over ₹31 crore. Patwalia said, “I am not a billionaire. I run a small chemist shop. This is not their fiefdom. An administration cannot run like this.”
The bench said, “We are for citizens and citizens only. Let home secretary come here.”
Patwalia claimed that the first show cause notice on his property was issued on September 10 claiming a breach of lease conditions on account of unauthorised construction. This was followed by another notice on September 15. On December 22, the department of health and family welfare allowed the petitioner to vacate that portion of land that encroached on public passage.
The encroached portion came to be demolished by the administration but the petitioner was slapped with a notice for depositing over ₹31 crore. Patwalia said, “I am not a billionaire. I run a small chemist shop. This is not their fiefdom. An administration cannot run like this.”
Ordinarily, the apex court said that it would not be inclined to entertain the appeal without hearing the other side. “However, prima facie, it appears that the order of the trial judge dated 14 December 2022 continues to subsist and has not been stayed in any earlier proceeding,” the bench said.
Moreover, if a stay was not granted, the consequence of the high court order permitting the auction would be to dispossess the petitioner from the premises of the shop despite a court order in his favour. This fact was not brought before the high court by the administration, Patwalia informed the top court.
“We stay the direction of the high court insofar as it permits the Chandigarh Administration to lease out the shop, till the next date of hearing,” the order said. Further, the bench said, “We also direct that till the next date of listing, the Chandigarh Administration shall not act in breach of the order of injunction dated 14 December.”
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