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Delhi High Court - Orders

Resident Welfare Association 12 Block ... vs Kishan Devnani Executive Engineer, ... on 20 January, 2022

Author: Sanjeev Sachdeva

Bench: Sanjeev Sachdeva

                                      $~24
                                      *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      +    W.P.(C) 10646/2021
                                           RESIDENT WELFARE ASSOCIATION 12
                                           BLOCK SUBHASH NAGAR                                  ..... Petitioner
                                                               Through       Ms. Sonal Alagh, Advocate

                                                               versus

                                           KISHAN DEVNANI EXECUTIVE ENGINEER,
                                           SOUTH DELHI MUNICIPAL CORPORATION & ORS.
                                                                                ..... Respondents
                                                               Through       Mr. Rakesh Mittal, Standing Counsel
                                                                             with Ms. Yamini Mittal and Mr. Ajay
                                                                             Harshana, Advocates for SDMC/ R-1
                                                                             and 2
                                                                             Mr. Sunil Dalal, Senior Advocate
                                                                             with Mr. Inderjit Kapoor, Mr.
                                                                             Devashish Bhadauria and Ms. Payal,
                                                                             Advocates for R-6.

                                           CORAM:
                                           HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                                                        ORDER

% 20.01.2022

1. The hearing was conducted through video conferencing.

2. Learned Senior Counsel appearing for respondent no. 6 prays for time to file the counter affidavit.

3. Perusal of the status report filed by the respondent no. 1 and 2/Corporation suggest that there is some dispute with regard to the date on which the boundary wall was constructed.

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV SACHDEVA Digitally Signed By:KUNAL MAGGU W.P.(C) 10646/2021 Signing Date:20.01.2022 1 Signing Date:21.01.2022 08:51:16 21:26 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

4. Respondent no. 6 is directed to place on record the allotment documents of the subject society along with the layout plan.

5. On respondent no. 6 filing the same officer of DDA shall verify the layout plan at spot and identify as to whether the subject boundary wall is within the land allotted to respondent no. 6 or outside the same and submit a report.

6. Let the counter affidavit be filed within four weeks with copy to learned counsel for DDA. Thereafter DDA shall file its report within two weeks thereafter.

7. Renotify on 04.04.2022.

8. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.

SANJEEV SACHDEVA, J JANUARY 20, 2022 'rs' Digitally Signed Signature Not Verified By:JUSTICE SANJEEV SACHDEVA Digitally Signed By:KUNAL MAGGU W.P.(C) 10646/2021 Signing Date:20.01.2022 2 Signing Date:21.01.2022 08:51:16 21:26 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.