VidhiSangh

Supreme Court of India · 27/09/2021

NEW DELHI MUNICIPAL COUNCIL versus GANGA DEVI & ANR.

[2021] 9 S.C.R. 228 · 2021 INSC 549

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Summary

The Court restored eviction of occupants claiming regularisation of stalls in a market transferred to NDMC for administration. The Union transferred its management functions, not ownership of the land or buildings; NDMC acted as delegate and its policies for its own markets did not govern these properties. The occupants’ partnership and transfer arrangements breached the licences, and the cited Union ownership schemes did not cover their claims. The High Court orders directing transfer were set aside, with time to vacate until 30 November 2021.

Issues

  1. Whether transfer of market administration to NDMC brought the stalls within its own regularisation policies.
  2. Whether the licence terms and cited Union schemes supported the occupants’ claimed entitlement.

Provisions considered

Held

Result

Appeals allowed. Eviction restored; occupants granted time to hand over vacant possession on or before 30 November 2021.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 228.