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Delhi High Court - Orders

Rajkumar vs Union Of India & Ors on 3 August, 2022

Author: Manoj Kumar Ohri

Bench: Manoj Kumar Ohri

                            $~52
                            *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                            +    W.P.(C) 9272/2021 & CM. APPL. No.28830/2021
                                 RAJKUMAR                                       ..... Petitioner
                                                  Through: Mr.Deepanshu Choithani, Mr.Mayank
                                                            Pachauri and Mr.Shailesh Pandey,
                                                            Advocates
                                                  versus
                                 UNION OF INDIA & ORS.                     ..... Respondents
                                                  Through: Mr.Rajesh Gogna, CGSC with
                                                            Ms.Priya Singh, Advocate for
                                                            respondent No.1/UOI.
                                                            Mr.Nakul Ahuja, Advocate for
                                                            respondent No.2.
                                                            Through: Mr.Tushar                 Sannu,
                                                            Standing Counsel with Ms.Priyansha
                                                            Sinha and Ms.Ritika Priya, Advocates
                                                            for respondent/Corporation.

                                  CORAM:
                                  HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
                                               ORDER

% 03.08.2022

1. The present matter has been received on transfer.

2. Learned counsel for the petitioner has relied upon a decision dated 17.01.2006 of the Division Bench of this Court in DLF Universal Ltd. v. Greater Kailash II Welfare Association reported as 2006 (88) DRJ 44 to submit that the subject land is not forming part of any development area and as such no NOC is required from the DDA. In this regard, he has also referred to the counter-affidavit filed on behalf of DDA stating that the subject land has already been de-notified.

3. Mr.Tushar Sannu, learned Standing Counsel appearing for respondent/Corporation seeks a copy of the counter-affidavit filed on behalf Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:05.08.2022 12:31:36 of the respondent/DDA as well as seeks some time to take instructions.

4. Let a copy of the counter-affidavit filed on behalf of the respondent/ DDA be provided to him within two days from today to enable him to take instructions in this regard.

5. Re-notify on 16.11.2022.

MANOJ KUMAR OHRI, J AUGUST 3, 2022/v Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:05.08.2022 12:31:36