Delhi High Court - Orders
Gursharan Singh vs Delhi Urban Shelter, Improvement Board ... on 13 January, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:14.01.2022 14:58:38
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RSA 12/2019 & CM APPL.3451/2019
GURSHARAN SINGH ..... Appellant
Through: None.
versus
DELHI URBAN SHELTER, IMPROVEMENT
BOARD & ORS. ..... Respondents
Through: Mr. Parvinder Chauhan, Advocate for
DUSIB
Mr. Naveen Raheja, Advocate for R-3
(M: 9810129691)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 13.01.2022
1. This hearing has been done through video conferencing.
2. The present second appeal has been preferred against the impugned order of the Appellate Court dated 30th November, 2018, in RCA No.27/2017 titled Delhi Urban Shelter Improvement Board & Ors. v. Jaspal Singh & Ors., by which the appeal filed by Respondent No.1/Defendant No.2/Delhi Urban Shelter, Improvement Board & Ors. (hereinafter "Respondent") against the Trial Court's order dated 21st August, 2017, was allowed and the suit of the Appellant/Plaintiff (hereinafter "Appellant"), for perpetual injunction, being Suit No.12496/16 titled Sh. Jaspal Singh & Ors. v. MCD & Ors., was dismissed. Since the last several hearings, the Appellant has sought adjournments or there is no appearance on behalf of the Appellant.
3. Mr. Chauhan, ld. Counsel for the Respondent, had on the last date i.e. Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:14.01.2022 14:58:38 8th October, 2021, also submitted that in the recent judgment of the Supreme Court in Indore Development Authority v. Manoharlal and Ors. etc. (SLP (C) No. 9036-9038/ 2016, decided on 6th March 2020), Section 24 of the Land Acquisition Act, 1894, has been interpreted. Thus, he submits that no issue survives in the present second appeal for adjudication.
4. This Court also notes that an interim order dated 25th January, 2019 has been operating in this matter, barring dispossession of the Appellant from the suit property. There has been no appearance for the Appellant on the previous date of hearing. Moreover, adjournments have been sought from time to time by the Appellants. Even today, none appears for the Appellant.
5. In this view of the matter, the present second appeal is dismissed for non-prosecution. All pending applications are also disposed of.
6. It is made clear that no application for restoration of this second appeal, shall be entertained without proof of deposit of costs of Rs.15,000/- as costs with the Delhi High Court Legal Services Committee.
PRATHIBA M. SINGH, J.
JANUARY 13, 2022/Aman/MS