Court stays Chandigarh order on GMSH-16 chemist shop

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Chandigarh, December 26

Additional Civil Judge (Sr Division) Aman Inder Singh has stayed operation of the notice issued by the Director, Health Service, Chandigarh, on December 22, directing the owner of the chemist shop number 6 of the GMSH, Sector 16, to vacate the public passage and restore the load bearing wall by December 25.

The court passed the stay order on an application filed by chemist Sunil Kumar through advocate Munish Dewan, seeking relief of declaration the order as illegal, null and void and for permanent injunction restraining the defendants from forcibly entering the tenanted premises and constructing any wall inside the shop.

Dewan argued before the court that the plaintiff (chemist) was in exclusive possession of the premises and if the defendants were not restrained from forcibly entering the same, he would suffer irreparable loss and the very purpose of filing the suit would become infructuous.

After hearing the arguments, the court said prima facie, it appeared that the plaintiff was in exclusive possession of the shop. The plaintiff says that this interpretation of the order of the trial court by the Chandigarh Administration is not proper and the same is illegal and biased. This is the reason why he has filed the present suit.

Whether the interpretation is illegal or not is a matter which will be better appreciated by the trial court, which has passed the order after giving an opportunity of hearing to both parties.

According to the plaintiff, this alleged encroachment has existed since he got the possession of the shop.

“This loss caused to the plaintiff in my opinion will be irreparable and in no terms can be compensated for if the contentions of the plaintiff are found to be true as made in the present suit. Therefore, before taking such a harsh action against the plaintiff, I am of the view that an opportunity needs to be given to him to bring out his case and argue on the validity of the genuineness of the order of the Chandigarh Administration taking the decision to remove the alleged illegal encroachment.

“Therefore, in order to balance the equities and rights of both parties, the order of the Chandigarh Administration to remove the alleged encroachment is stayed till January 2, 2023. When the regular court work resumes, then both parties can submit their arguments before the trial court on merits as to the effect that whether the illegal encroachment la liable to be removed or not. Moreover, the time line of the order passed by the Chandigarh Administration is also to be taken note of.

“The order of modification was passed by the trial court on December 14, whereas the one on the removal of the alleged encroachment was passed by the Chandigarh Administration on December 22, just one day before the closing of regular courts. Thus, there is a matter of urgency involved in the present suit.” Says the court in the order. The court has issued a notice to the defendants for January 2 on the stay application, as well as suit.

Relief till Jan 2

The court says in order to balance the equities and rights of both parties, the order of the Chandigarh Administration to remove the alleged encroachment is stayed till January 2. When the regular court work resumes, both parties can submit their arguments before the trial court on merit.