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Delhi High Court - Orders

Prakash Chand Sharma & Ors vs Udai Pratap Singh & Ors on 14 July, 2022

Author: Sachin Datta

Bench: Sachin Datta

                          $~29 to 32
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    CONT.CAS(C) 330/2018 & CM APPL. 19163/2018, 42718/2019
                               PRAKASH CHAND SHARMA & ORS                 ..... Petitioners
                                           Through: None.

                                               versus

                               UDAI PRATAP SINGH & ORS                   ..... Respondents
                                             Through:
                                                      Mr. Anupam Srivastava, ASC,
                                                      GNCTD & Mr. Vasuh Misra, Advs.
                                                      for R-3.
                                                      Ms. Prabhsahay Kaur, Standing
                                                      Counsel for DDA with Mr. Abhinav
                                                      Garg, Adv. for R-4/DDA.
                                                      Mr. Sameer Vashisht, ASC (Civil),
                                                      GNCTD, Ms. Sanjana Nangia and
                                                      Ms. Shreya Gupta and Mr. Sanjay Kr.
                                                      Pathak, Adv. for R-5.
                                                      Mr. Yeeshu Jain, Standing Counsel
                                                      with Ms. Surbhi Arora, Adv. for L &
                                                      B/R-3.

                          +    CONT.CAS(C) 343/2018 & CM APPL. 19858/2018
                               SANJAY MEHTA & ANR                         ..... Petitioners
                                           Through:      Mr. Rajiv Nayyar, Sr. Adv. with Mr.
                                                         Rajat Sehgal and Mr. Vikas Mehta,
                                                         Advs.

                                               versus

                               V S YADAV DIRCTOR (HQ) & ORS        ..... Respondents
                                             Through:
                                                      Mr. Anupam Srivastava, ASC,
                                                      GNCTD & Mr. Vasuh Misra, Advs.


Signature Not Verified
Digitally Signed
By:RADHA BISHT
Signing Date:19.07.2022
17:01:05
                                                         for R-3.
                                                        Ms. Prabhsahay Kaur, Standing
                                                        Counsel for DDA with Mr. Abhinav
                                                        Garg, Adv. for R-4/DDA.
                                                        Mr. Yeeshu Jain, Standing Counsel
                                                        with Ms. Surbhi Arora, Adv. for L &
                                                        B/R-3.

                          +   CONT.CAS(C) 346/2018 & 19916/2018
                              VEER BALA MEHTA                            ..... Petitioner
                                           Through:     Mr. Rajiv Nayyar, Sr. Adv. with Mr.
                                                        Rajat Sehgal and Mr. Vikas Mehta,
                                                        Advs.

                                             versus

                              V S YADAV DIRCTOR (HQ) & ORS             ..... Respondents
                                            Through:
                                                     Mr. Anupam Srivastava, ASC,
                                                     GNCTD & Mr. Vasuh Misra, Advs.
                                                     for R-3.
                                                     Ms. Prabhsahay Kaur, Standing
                                                     Counsel for DDA with Mr. Abhinav
                                                     Garg, Adv. for R-4/DDA.
                                                     Mr. Yeeshu Jain, Standing Counsel
                                                     with Ms. Surbhi Arora, Adv. for L &
                                                     B/R-3.

                          +   CONT.CAS(C) 347/2018
                              VASU DEV PAHWA & ANR                  ..... Petitioners
                                          Through: Mr. Rajiv Nayyar, Sr. Adv. with Mr.
                                                   Rajat Sehgal and Mr. Vikas Mehta,
                                                   Advs.

                                             versus

                              V S YADAV, DIRECTOR (HQ) & ORS             ..... Respondents


Signature Not Verified
Digitally Signed
By:RADHA BISHT
Signing Date:19.07.2022
17:01:05
                                                     Through:
                                                                 Mr. Abhinav Garg, Adv. for DDA.
                                                                 Mr. Yeeshu Jain, Standing Counsel
                                                                 with Ms. Surbhi Arora, Adv. for L &
                                                                 B/R-3.

                                CORAM:
                                HON'BLE MR. JUSTICE SACHIN DATTA
                                                    ORDER

% 14.07.2022 The present petition has been filed by the petitioner alleging non- compliance with the directions contained in the order dated 26.03.2010 passed by this Court in W. P. (C) 2449/2007. The relevant directions are reproduced hereunder:

"We thus permit the petitioners to file a representation to the competent authority under Section 48 of the said Act raising all pleas as are germane within thirty days of pronouncement of this judgment and the said applications, if so filed, would be decided in accordance with law by the competent authority. Till such time as the applications are decided, no coercive steps will be taken against the petitioners and the parties will maintain status quo as to nature, title and possession of the land in question. In case of an adverse decision, this benefit would continue for a period of fifteen days after the date of the receipt of the decision by the petitioners in order to enable the petitioners to take recourse to the legal remedy, if any. We, however, make it clear that if no such application is filed within a period of thirty days of pronouncement of this judgment, the respondents would be free to proceed against the land In question."

Issue notice.

Learned counsels appearing on behalf of the respondent nos.3, 4 & 5 accept notice.

Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:19.07.2022 17:01:05

Issue notice to the remaining respondents through all permissible modes including electronically, returnable on 16.11.2022.

Reply, if any, be filed before next date of hearing.

SACHIN DATTA, J JULY 14, 2022/ssc Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:19.07.2022 17:01:05