Delhi HC Orders Status Quo On MCD’s Action Demolishing Makeshift Shelter Of 80-Year-Old Woman Providing Care To Over 200 Stray Dogs

The Delhi High Court’s bench of Justice Manoj Kumar Ohri has directed the Municipal Corporation of Delhi to maintain status quo on the matter where it had allegedly demolished a makeshift temporary shelter without issuing notice.

The petitioner, who is an octogenarian, lived in that makeshift temporary shelter.

She had claimed that she has been living in the makeshift temporary shelter for about last 30 years and is aggrieved by the fact that the MCD has demolished the said shelter without any prior notice.

It is further averred that the petitioner while living in the said shelter was also providing care to about more than 200 dogs.

The counsel for the petitioner submitted that the MCD’s action in demolishing the shelter is not only against the principles of natural justice but also illegal and unlawful and the same has resulted in leaving the petitioner without a roof over her head in the harsh winter.

Advocates Vaibhav Gaggar and Monica Lakhanpal appeared for the petitioner whereas Siddhant Nath, Standing Counsel, appeared for MCD.

“Keeping in view the facts and circumstances of the case and the contention of the petitioner that the impugned action has been taken by respondent No. 1 without any prior notice, this Court deems it expedient to direct that the respondent shall maintain status quo till the next date of hearing…”, the Court held.

The Court also directed that the petitioner be permitted to put a tarpaulin as an interim measure to overcome the immediate need for the shelter.

The Court also directed the MCD to explore the possibility of providing for petitioner’s rehabilitation.

“In the meantime, respondent Nos. 1 and 2, without prejudice to the rights and contentions of either of the parties, shall also explore the possibility of providing for petitioner’s rehabilitation.”, the Court directed.

Cause Title- Pratima Devi v. Municipal Corporation of Delhi & Ors

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