Delhi High Court - Orders
Amar Kumar vs Govt Of Nct Of Delhi And Ors on 4 April, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6532/2017 & CM APPL. 16777/2022
AMAR KUMAR ..... Petitioner
Through: Mr. Abhey Narula, Advocate.
versus
GOVT OF NCT OF DELHI AND ORS ..... Respondents
Through: None.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 04.04.2022 The petition was disposed of vide order dated 31.07.2017 with inter alia status quo of the property having been directed to be maintained by the parties, with the petitioner having been advised to challenge the demarcation report dated 06.07.2016 before the Revenue Authority and also being permitted to file an appeal against the demarcation report dated 06.07.2016 within a period of two weeks with the directions to the Competent Authority to dispose of that appeal within a time span of not later than three months.
The record indicates that vide order dated 13.10.2020 on an application CM APPL. 25923/2020 filed on behalf of the petitioner, status quo apropos the property of the applicant/petitioner was directed to be maintained with it having been observed vide order dated 12.11.2020 that except as permitted in the said order dated 12.11.2020, in view of apparent W.P.(C) 6532/2017 Page 1 of 3 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:05.04.2022 10:44:18 This file is digitally signed by PS to HMJ ANU MALHOTRA.
damage having already been caused to the property in question, status quo apropos the property was directed to be maintained.
Vide order dated 05.02.2021, the interim order was directed to be continued with the matter having been listed for consideration for the date 12.05.2021 and the matter has now been taken up on CM APPL. 16777/2022 filed on behalf of the petitioner submitting to the effect that despite the proceedings in the present matter, the respondent No.1 on 29.03.2022 has affixed a fresh notice dated 04.01.2022 on the property of the applicant, stating inter alia that they would demolish the property of the applicant within 7 days.
In reply to a specific Court query, the learned counsel for the petitioner submits that the said notice was affixed only on 29.03.2022 with further action being taken by the respondent in the vicinity of the area to the property of the petitioner respectively.
It is thus submitted on behalf of the petitioner that the petitioner apprehends further demolition of the property which would cause irreparable injury to the petitioner.
In as much as the respondents have been served in advance, through the learned counsel representing them, with the notice of the application and are not represented today, the respondents till further directions are restrained from taking any action against the property bearing House No.D22 and 23, Indira Enclave, Neb Sarai, New Delhi falling in Khasra No. 484, Revenue estate of village Neb Sarai, Tehsil Mehrauli, New Delhi.
The reply, if any, of the respondents to this application be filed within a period of two weeks.
W.P.(C) 6532/2017 Page 2 of 3Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:05.04.2022 10:44:18 This file is digitally signed by PS to HMJ ANU MALHOTRA.
In the circumstances, as the matter vide order dated 05.02.2021 was listed for 12.05.2021, the matter is directed to be re-notified for 12.04.2022, the en bloc date of hearing already fixed.
ANU MALHOTRA, J APRIL 4, 2022 ha W.P.(C) 6532/2017 Page 3 of 3 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:05.04.2022 10:44:18 This file is digitally signed by PS to HMJ ANU MALHOTRA.