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HIGH COURT OF DELHI
W.P.(C) No. 3745/2017 RAJENDER PAL SHARMA
Through:
W.P.(C) No. 3745/2017 RAJENDER PAL SHARMA
Through:
VERSUS
EAST DELHI MUNICIPAL CORPORATION & ORS Petitioner ....Respondents
Through: Mr. Kirti Uppal, Sr. Adv. with Mr.Ajjay Aroraa (Standing counsel) with Mr. Mr. Kapil Dutta alongwith the Mr. Pradeep Kumar Kr.
Khandewal, Chief Engineer for EDMC & Mr.Akbar Siddiqui, ASC for EDMC.
Mr. -Manoj Kumar, proxy counsel for Mr. Ayush Gupta, Adv. for R3.
Mr. Pankaj, Adv. for R4.
W.P.(C) No. 9057/2017 &CM APPL. 36992/2017 PANKAJ AGGARWAL
Through: Petitioner in person,
Through: Mr. Kirti Uppal, Sr. Adv. with Mr.Ajjay Aroraa (Standing counsel) with Mr. Mr. Kapil Dutta alongwith the Mr. Pradeep Kumar Kr.
Khandewal, Chief Engineer for EDMC & Mr.Akbar Siddiqui, ASC for EDMC.
Mr. -Manoj Kumar, proxy counsel for Mr. Ayush Gupta, Adv. for R3.
Mr. Pankaj, Adv. for R4.
W.P.(C) No. 9057/2017 &CM APPL. 36992/2017 PANKAJ AGGARWAL
Through: Petitioner in person,
VERSUS
EAST DELHI MUNICIPAL CORPORATION & ORS Mr. Arvind Kr. Sharma, Standing counsel with: Mr. Aniteja Sharma, Adv. for EDMC.
Ms. Sangita Rai with Mr. Pradeep Singh Tomar, Adv. for R3.
Through:
W.P.(C) No. 356/2018 & CM APPL. 7225/2018 PANKAJ AGGARWAL
Through: Petitioner in person,
Ms. Sangita Rai with Mr. Pradeep Singh Tomar, Adv. for R3.
Through:
W.P.(C) No. 356/2018 & CM APPL. 7225/2018 PANKAJ AGGARWAL
Through: Petitioner in person,
VERSUS
EAST DELHI MUNICIPAL CORPORATION AND ORS.
2019:DHC:7798 Mr. Arvind Kr. Sharma, Standing counsel with Mr. Aniteja Sharma, Adv. for EDMC.
Through:
2019:DHC:7798 Mr. Arvind Kr. Sharma, Standing counsel with Mr. Aniteja Sharma, Adv. for EDMC.
Through:
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
24.01.2019 In compliance with order dated 13.12.2018, Mr. Pradeep Kumar
Khandelwal, Chief Engineer, North Zone, EDMC is present in person. The
Chief Engineer had been summoned since this court was primafacie of the view that in status report/affidavit dated 11.10.2018, certain averments were made which were vague regarding the period between 28.03.2016 and
17.09.2017; which gave this court the impression that the officers of EDMC were being evasive, to say the least. Be that as it may, in view of what I propose to do in the matter today, the personal presence of ChiefEngineer is dispensed with.
The grievance of the petitioners in these three petitions arise from the allegations and counter-allegations of unauthorised construction in a block of DDA Flats bearing No. C-41/X1 (Ground Floor), C-41/Z1 (Second Floor) and C-41/Z2 (Second Floor) in Dilshad Garden, Delhi including the rooftop ofFlat No. C-41/Z1 and C-41/Z2.
Counsel for the parties however agree that three statutory appeals bearing Nos. 809/2017, 885/2017 and 160/2018 fileld by various parties in relation to the self-same properties and the same grievances are pending before the learned Appellate Tribunal MCD, in which all other parties are also represented. In fact there are certain interim orders restraining if demolition in the subject premises passed by the learned ATMCD in such appeals.
The aforesaid three appeals are listed before learned ATMCD next on
26'” February, 2019.
In view of the foregoing, it would be unnecessary and improper to keep these three petitions pending in this court. In fact I am informed that it by reason ofpendency of petitions before this court, that the ATMCD is not proceeding further in the appeals pending before it.
Aceordingly, these petitions are disposed of, giving liberty to the parties to seek their remedy before the learned ATMCD in accordance with law.
It is clarified that this court has not expressed any opinion on merits of any of the cases.
ANUP JAIRAM BHAMBHANI, J.
I ’
JANUARY 24, 2019/w/ s
24.01.2019 In compliance with order dated 13.12.2018, Mr. Pradeep Kumar
Khandelwal, Chief Engineer, North Zone, EDMC is present in person. The
Chief Engineer had been summoned since this court was primafacie of the view that in status report/affidavit dated 11.10.2018, certain averments were made which were vague regarding the period between 28.03.2016 and
17.09.2017; which gave this court the impression that the officers of EDMC were being evasive, to say the least. Be that as it may, in view of what I propose to do in the matter today, the personal presence of ChiefEngineer is dispensed with.
The grievance of the petitioners in these three petitions arise from the allegations and counter-allegations of unauthorised construction in a block of DDA Flats bearing No. C-41/X1 (Ground Floor), C-41/Z1 (Second Floor) and C-41/Z2 (Second Floor) in Dilshad Garden, Delhi including the rooftop ofFlat No. C-41/Z1 and C-41/Z2.
Counsel for the parties however agree that three statutory appeals bearing Nos. 809/2017, 885/2017 and 160/2018 fileld by various parties in relation to the self-same properties and the same grievances are pending before the learned Appellate Tribunal MCD, in which all other parties are also represented. In fact there are certain interim orders restraining if demolition in the subject premises passed by the learned ATMCD in such appeals.
The aforesaid three appeals are listed before learned ATMCD next on
26'” February, 2019.
In view of the foregoing, it would be unnecessary and improper to keep these three petitions pending in this court. In fact I am informed that it by reason ofpendency of petitions before this court, that the ATMCD is not proceeding further in the appeals pending before it.
Aceordingly, these petitions are disposed of, giving liberty to the parties to seek their remedy before the learned ATMCD in accordance with law.
It is clarified that this court has not expressed any opinion on merits of any of the cases.
ANUP JAIRAM BHAMBHANI, J.
I ’
JANUARY 24, 2019/w/ s
JUDGMENT