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$-58 HIGH COURT OF DELHI WP(C) No. 3839/2012 Davinder Ajmani &Anr. Petitioner
Through: jvir. Kuldeep Kumar, Advocate.
$-58 HIGH COURT OF DELHI WP(C) No. 3839/2012 Davinder Ajmani &Anr. Petitioner
Through: jvir. Kuldeep Kumar, Advocate.
VERSUS
D.D.A. Respondent
Through: Mr. Arun Birbal, Advocate.
CORASVI:
HOM'BLE MR. JUSTICE G.S.SISTANI
04.02.2013 ^ CM.iSIo.1359/2013 This writ petition was dismissed as not pressed on 30^'' August, 2012, in view of the letter dated 27.08.2011 addressed by the petitioner to the Deputy Commissioner (Industrial), wherein the petitioner had agreed to wait for two to three months to enable DDA to remove the encroachment and thereafter hand over the possession of the plot in question to the petitioner.
Counsel for DDA had also made a statement that every endeavour would be made to remove the encroachment within three months. The present application has been filed by the Jhuggi dwellers, who are occupying the area in question. Since the writ petition already stands dismissed as withdrawn, on the assurance of the DDA, no relief can be granted to the applicants, in this matter, as
DDA is not taking any action, based on the order passed by this court. Counsel for the applicant submits that taking into
\- 2013:DHC:7732 c consideration the weather conditions, DDA should be directed not to take action till the petitioner seeks appropriate remedy.
Mr. Arun Birbal, counsel for DDA is present in court. It is agreed that DDA would not take any coercive action for a period of four days from today.
Application stands disposed of.
Copy of the order be given dasti to the parties under the signatures of the Court Master.
FEBRUARY 04, 2013 n \ 2013:DHC:7732
Through: Mr. Arun Birbal, Advocate.
CORASVI:
HOM'BLE MR. JUSTICE G.S.SISTANI
04.02.2013 ^ CM.iSIo.1359/2013 This writ petition was dismissed as not pressed on 30^'' August, 2012, in view of the letter dated 27.08.2011 addressed by the petitioner to the Deputy Commissioner (Industrial), wherein the petitioner had agreed to wait for two to three months to enable DDA to remove the encroachment and thereafter hand over the possession of the plot in question to the petitioner.
Counsel for DDA had also made a statement that every endeavour would be made to remove the encroachment within three months. The present application has been filed by the Jhuggi dwellers, who are occupying the area in question. Since the writ petition already stands dismissed as withdrawn, on the assurance of the DDA, no relief can be granted to the applicants, in this matter, as
DDA is not taking any action, based on the order passed by this court. Counsel for the applicant submits that taking into
\- 2013:DHC:7732 c consideration the weather conditions, DDA should be directed not to take action till the petitioner seeks appropriate remedy.
Mr. Arun Birbal, counsel for DDA is present in court. It is agreed that DDA would not take any coercive action for a period of four days from today.
Application stands disposed of.
Copy of the order be given dasti to the parties under the signatures of the Court Master.
FEBRUARY 04, 2013 n \ 2013:DHC:7732
JUDGMENT