Zamrudpur Welfare Association vs South Municipal Corporation Of ...

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                        Date of decision: 29th January, 2020

+      W.P.(C) 1090/2020

       ZAMRUDPUR WELFARE ASSOCIATION          ..... Petitioner
                  Through: Mr. Sanjeev Anand, Mr. Varun K.
                           Bala and Mr. Suresh Khadav, Advs.

                          Versus

        SOUTH MUNICIPAL CORPORATION OF DELHI AND ORS.
                                                   ..... Respondents
                     Through: Mr. Ajjay Aroraa and Mr. Kapil
                              Dutta, Advs. for R-1
                              Mr. Arun Birbal, Adv. for R-2/Delhi
                              Development Authority

       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR

                          ORDER

       %                  29.01.2020

D.N. PATEL, CHIEF JUSTICE (ORAL)
W.P.(C) 1090/2020

1. This writ petition has been preferred as a Public Interest Litigation with the following prayers :

"(a) direct PGC to comply with the directions of this Hon'ble Court given vide order dated 21st May, 2014 in WP(C) No.3383/2013 and order dated 22nd August, 2014 passed in Review Petition No.310/2014 in the said writ petition within a W.P.(C) 1090/2020 Page 1 of 3 time bound period fixed by this Hon'ble Court and authenticate, freeze and notify the layout plan of Zamrudpur Complex and based upon the same decide as to whether there has been encroachment by the respondents no.3 & 4 of the area earmarked as Green/Central Park and also ensure compliance of the said layout plan within a time bound period.

(b) award costs of the present petition to the petitioner and against the respondents.

(c) pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2. Having heard learned counsel for the petitioner and looking to the facts and circumstances of the case and the arguments canvassed by learned counsel for the petitioner that for the better and timely execution of an order dated 21st May, 2014 passed in W.P.(C) 3383/2013, the present writ petition has been preferred.

3. We are not inclined to entertain this writ, which merely requires us to reiterate the directions already contained in our order dated 21st May, 2014 in W.P.(C) 3383/2013.

4. At the highest, if the order passed by this court is not complied with by the concerned respondent authorities, contempt application may be initiated looking to the facts of the case.

5. We expect from the respondents that the order passed by this Court is complied with.

6. With these observations, this writ petition is hereby disposed of.

CHIEF JUSTICE C.HARI SHANKAR, J.

JANUARY 29, 2020/kr W.P.(C) 1090/2020 Page 3 of 3