Item No.25
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.No.529 OF 2017
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. On the last date of hearing, this court had expressed serious
concern about private parties filing injunctive suits before the trial courts
where ex parte ad interim orders were being granted staying the hands of
the civic authorities from demolishing the unauthorised constructions
raised and even after the civic authorities were bringing to the notice of
the concerned courts that the construction raised was illegal, no steps
were being taken to vacate the interim orders. Noting that the present
case was a prime case where the mother of the respondent No.7 had filed
an injunctive suit against the GHMC wherein, interim order was granted on 10.08.2017 and the said application had continued to remain pending, it was deemed appropriate to direct that the said interim application be listed before the trial court on 16.04.2021, heard and disposed of in accordance with law at the earliest. It was also directed that the order that may be passed by the trial court in the suit instituted by the mother of the respondent No.7, be placed on record by learned counsel for the respondent No.4/GHMC.
2. Today, Mr.Adnan, learned counsel for the respondent No.7 informs this court that the injunctive suit instituted by the mother of the respondent No.7 was withdrawn within ten days of the order passed by this court on 12.04.2021. The plea taken is that the said suit had outlived W.P.No.529 of 2017 Page 1 of 2 2 its relevance in view of the fact that the construction work had already been completed in the property in question and thereafter, a demolition notice was issued by the GHMC in respect of the construction raised on the subject premises, on 01.05.2021. Learned counsel says that the said notice to show cause has been challenged by the mother of the respondent No.7 by filing a writ petition registered as W.P.No.12309 of 2021 wherein, an interim order has been granted in favour of the writ petitioner in the first week of June, 2021. We are informed that the next date of hearing in the said writ petition is 08.06.2021.
3. It is stated by learned counsel for the respondent No.7 that in view of the subsequent developments, nothing survives further in the present appeal wherein, the appellant had raised a grievance against the order dated 15.03.2017, passed by the learned Single Judge dismissing a writ petition filed by her for declaring the action of the GHMC in failing to act on a complaint of illegal encroachment/unauthorised construction carried out by the private respondent No.7 on the subject land.
4. In view of the subsequent developments as recorded above, nothing further survives for adjudication in the present appeal, which is disposed of along with the pending applications, if any.
_________________ HIMA KOHLI, CJ ______________________ B.VIJAYSEN REDDY, J 02.06.2021 Lrkm/pln W.P.No.529 of 2017 Page 2 of 2