2020 (2) TMI 1437 - HC - Customs

Entitlement for benefits of PAP under Policy Guideline by Circular dated 20.03.2017 - HELD THAT - The learned Advocate appearing for the Corporation on instructions from the Sub-Engineer who is present in Court, states that the Corporation is willing to provide the benefits of PAP to the Petitioner under the Policy Guidelines by Circular dated 20.03.2017 No.ch E/DP/19922/ES. The statement is accepted as an undertaking given to this Court. In view thereof, nothing survives in the above Writ Petition since the prayers sought are granted to the Petitioner. The Writ Petition is accordingly disposed of.

Summary

Issues:
1. Declaration of structures as protected/tolerated under circular dated 1964
2. Entitlement for benefits under Policy Guideline by circular dated 20.03.2017
3. Issuance of necessary directions in compliance with procedure under Clause 11 of Policy Guideline
4. Restraint on demolition of structures without following established procedure

Analysis:
1. The petitioner sought a declaration that their structures are protected/tolerated under a circular from 1964. The Corporation, through its advocate, informed the court that they are willing to provide the benefits of PAP to the petitioner under the Policy Guidelines outlined in a circular dated 20.03.2017. The court accepted this statement as an undertaking, effectively granting the relief sought by the petitioner regarding the protection of their structures under the older circular.

2. The petitioner also requested entitlement to benefits under the Policy Guideline specified in the circular dated 20.03.2017. The Corporation's willingness to provide these benefits, as communicated through their advocate, was accepted as an undertaking by the court. Consequently, the relief sought by the petitioner concerning the benefits under the newer circular was granted.

3. Another relief sought was the issuance of necessary directions in compliance with the procedure outlined in Clause 11 of the Policy Guideline from the circular dated 20.03.2017. Since the Corporation agreed to provide the benefits to the petitioner as per the guidelines, this aspect was also addressed, and the request for directions was considered fulfilled.

4. The petitioner further asked for a restraint on the Respondents from taking coercive steps to demolish the protected structures without following the established procedure from the circular dated 20.03.2017. Given the Corporation's commitment to providing benefits and the court's acceptance of this undertaking, the request for a restraint on demolition without following the procedure was effectively addressed. The court disposed of the Writ Petition, emphasizing that any adverse orders by the Respondents should allow the petitioner a 15-day period to file an appeal, ensuring due process in case of future actions against the structures.