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Delhi High Court - Orders

Smt. Geeta Devi And Ors vs Govt. Nct Of Delhi And Ors on 13 March, 2023

                            $~19 & 20
                            *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                            +    W.P.(C) 2998/2023 & CM APPLs. 11716/2023 & 11717/2023
                                 SMT. GEETA DEVI AND ORS                   ..... Petitioners
                                                  Through: Mr. Mayank Bansal, Advocate.
                                                              (M): 9891688600
                                                  Email: [email protected]
                                                  versus
                                 GOVT. NCT OF DELHI AND ORS                ...... Respondents
                                                  Through: Mr. Udit Malik, ASC with Mr.
                                                              Vishal Chanda, for
                                                              GNCTD.
                                                              (M): 9999975448
                                                              Email: [email protected]


                            +    W.P.(C) 2999/2023 & CM APPLs. 11718/2023 & 11719/2023
                                 SH ANIL DUTT & ORS.                      ..... Petitioners
                                                  Through: Mr. Mayank Bansal, Advocate.
                                                              (M): 9891688600
                                                  Email: [email protected]
                                                  versus
                                 GOVT OF NCT OF DELHI & ORS.              ..... Respondents
                                                  Through: Mr. Udit Malik, ASC with Mr.
                                                              Vishal Chanda, for
                                                              GNCTD.
                                                              (M): 9999975448
                                                              Email: [email protected]


                                 CORAM:
                                 HON'BLE MS. JUSTICE MINI PUSHKARNA
                                                    ORDER

% 13.03.2023 [Physical Hearing/ Hybrid Hearing] Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:16.03.2023 13:26:55 CM APPL. 11717/2023 (Application under Section 151 CPC seeking exemption from filing certified copy of documents/annexures, some of which are illegible, without margin, in hindi which are not translated to English and not legibly typed) & CM APPL. 11719/2023 (Application on behalf of the petitioner seeking exemption from filing original/certified copies of annexures)

1. These are applications under Section 151 CPC seeking exemption from filing legible copies without margin and Hindi documents which are not translated.

2. Recording the undertaking on behalf of the petitioners that defects shall be cured within four weeks, exemption is allowed.

3. Applications are disposed of.

W.P.(C) 2998/2023 & CM APPL. 11716/2023 (Application under Section 151 CPC on behalf of the petitioners seeking interim stay) & W.P.(C) 2999/2023 & CM APPL. 11718/2023 (Application under Section 151 CPC on behalf of the petitioners seeking interim stay)

4. The present writ petitions have been filed with prayer for direction for setting aside the Resolution of the respondents for allotment of plots in areas earmarked as green belt. There is further prayer for cancellation of the allotments of the land/plot made by the respondent no. 2 on the plots in areas which are earmarked as green belt and for restoration of the plots in question as green belt in the land record to its original stage.

5. It is the contention on behalf of the petitioners that plots are being illegally allotted which are part of the green belt.

6. Attention of this Court has been drawn to Annexure-P11 which is an order dated 16.12.2022 passed by this Court issuing notice in a Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:16.03.2023 13:26:55 similar matter i.e. W.P.(C) 17193/2022, Aditya Partap Vs Govt. of NCT of Delhi & Ors.

7. It is the case on behalf of the petitioners that since no stay was granted in the said writ petition, taking advantage of the same, allotment of further plots have been made in the green belt.

8. Issue notice.

9. Notice is accepted by learned counsel appearing on behalf of the respondents.

10. Reply be filed within two weeks. Rejoinder thereto, if any, be filed within one week thereafter.

11. List along with W.P.(C) 17193/2022 on 13.04.2023 i.e. the date already fixed.

12. It is made clear that in case it is found by this Court that any allotments have been made by the respondents on land which is part of green belt, then all such allotments or any construction thereon, shall be subject to the outcome of the present writ petition.

MINI PUSHKARNA, J MARCH 13, 2023 c Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:16.03.2023 13:26:55