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Delhi High Court - Orders

Supreme Courier Service vs Archaeological Survey Of India & Ors on 24 November, 2022

Author: Yashwant Varma

Bench: Yashwant Varma

                    $~70
                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                    +     W.P.(C) 16210/2022
                          SUPREME COURIER SERVICE    ..... Petitioner
                                      Through: Mr. Ajay Gupta and Mr. Anant
                                                Gupta, Advs.

                                              versus

                          ARCHAEOLOGICAL SURVEY OF INDIA & ORS.
                                                             ..... Respondents
                                      Through: Dr. Subhash C Gupta, Sr
                                               Standing Counsel for ASI.
                                               Mr. Ashutosh Gupta, ASC for
                                               MCD.
                                               Ms. Sweety Singh, Adv. for-3.

                          CORAM:
                          HON'BLE MR. JUSTICE YASHWANT VARMA
                                              ORDER

% 24.11.2022 CM APPL. 50702/2022 (for exemption) Allowed, subject to all just exceptions. The application shall stand allowed.

W.P.(C) 16210/2022 and CM APPL. 50701/2022(Interim Relief)

1. Learned counsel appearing for the Municipal Corporation of Delhi [MCD] on instructions states that the construction in respect of which the complaint is made is being carried on in premises which is within the restricted area of a protected monument and that consequently a stop work notice has already been issued. He further states that all steps as are available in law shall be duly taken by the MCD to ensure that no unauthorised construction is continued or undertaken. In view of the aforesaid, let a Status Report be filed by the MCD within a period of six weeks from today.

2. The Court expects the MCD to ensure that no illegal Signature Not Verified construction is carried on in violation of the statutory injunctions Digitally Signed By:NEHA Signing Date:25.11.2022 19:22:33 which apply. The Court further directs the third respondent to provide all assistance as may be required by the MCD in connection with the aforesaid.

3. List again on 13.01.2023.

YASHWANT VARMA, J.

NOVEMBER 24, 2022 SU Signature Not Verified Digitally Signed By:NEHA Signing Date:25.11.2022 19:22:33