HC refuses to stay demolition of nat’l shooting coach’s house

Tribune News Service

New Delhi, August 5

The Delhi High Court on Monday declined to halt the demolition of the residence belonging to national pistol shooting coach Samaresh Jung at Civil Lines here.

Making exception difficult

It sounds very hard but the fact is there. Already some action has been taken and some houses have been demolished. Making an exception will be difficult. — Delhi HC

The court’s decision hinged on the absence of any legal right over the property, which had been sub-leased to Jung’s family decades ago.

Justice Sanjeev Narula dismissed the petition filed by Sameer Jung, the coach’s brother, challenging a March 1 notice that declared all occupants across 32 acres in the Khyber Pass market area as unauthorised and initiated a demolition drive.

Despite arguments that the family, inducted as sub-tenants over 60 years ago, was not given a fair hearing, the court ruled otherwise.

The court noted, “It sounds very hard but the fact is there. Already some action has been taken and some houses have been demolished. Making an exception will be difficult.”

The Land and Development Office (L&DO) argued that despite the coach’s contributions to the country, ultimately it is public land, and no exception could be made.

The petition also claimed that the family’s tenure dates back to the 1940s, with the original sub-tenants being the petitioner’s grandparents, including Col Sher Jung, a freedom fighter and war hero.

The petitioner’s counsel argued that the demolition notice violated the principles of natural justice, as no show-cause notice was issued.

The court said, “The fact that the petitioner at some point of time did make payments to the L&DO which were accepted would not create any legal relationship between the parties and put the petitioner to the pedestal of a lessee.”