Item No.28
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.No.278 of 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant/writ petitioner is aggrieved by an interim order
dated 13.07.2020 passed by the learned Single Judge in
I.A.No.1 of 2020 moved by her in W.P.No.10221 of 2020 praying
inter alia for issuing directions to the respondents
No.2 and 3/corporation not to interfere in the residential accommodation owned by her on land measuring 222 square yards.
2. While noting the submission made by learned counsel for the respondents No.2 and 3/corporation that the appellant/writ petitioner has raised construction on land beyond 222 square yards to the extent of 420 square yards and they have taken steps to demolish the said construction by virtue of a notice dated 01.07.2020, the learned Single Judge has stayed the demolition order to the extent of the construction raised on 222 square yards owned by the appellant/writ petitioner while keeping it open for the respondents No.2 and 3/corporation to take action in respect of the construction made in excess of 222 square yards. At the same time, liberty was granted to the appellant/writ petitioner to submit a representation for regularisation of the W.A.No.278 of 2020 Page 1 of 2 deviations to the municipal plan for the consideration of the Department.
3. Learned counsel for the appellant/writ petitioner states that as there is a dispute with regard to the dimensions of the subject plot, which has been purchased by the appellant/writ petitioner, he may be permitted to withdraw the present appeal while reserving the right of the appellant/writ petitioner to seek appropriate civil remedy to establish the said dimensions of the plot, by impleading necessary parties thereon.
4. Leave, as prayed for, is granted. The present appeal is disposed of as not pressed along with the pending applications, if any.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 19.03.2021 JSU/pln W.A.No.278 of 2020 Page 2 of 2