Smt.Mena Mittal vs Delhi Development Authority & ...
2009 Latest Caselaw 2780 Del

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

+                          CWP No.9611/2009

%                     Date of Decision: 22.07.2009

Smt.Mena Mittal                                       .... Petitioner
                      Through Mr.Maheshwar Dayal, Sr.Advocate with
                              Mr.Om Prakash Sharma, Advocate.

                                Versus

Delhi Development Authority & Ors.                     .... Respondents

                      Through Mr.Akshay Chandra, Advocate for the
                              respondent No.1.
                              Mr.Sandeep Sethi, Sr.Advocate with
                              Mr.H.S.Jaggi, Advocate for the
                              respondents No.2, 3 & 5.
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR

1.    Whether reporters of Local papers may be               YES
      allowed to see the judgment?
2.    To be referred to the reporter or not?                 NO
3.    Whether the judgment should be reported in             NO
      the Digest?


ANIL KUMAR, J.

*

After some arguments, it has been agreed that the petitioner shall

file an appropriate application expeditiously before the trial Court for

appointment of an independent architect. Mr.Sethi on instructions

states that the respondents No.2, 3 & 5/defendants in the suit will not

object to the appointment of an independent architect, however, this

would be without prejudice to the right and contentions of the

defendant about the maintainability and other issues raised in the suit.

The trial Judge shall appoint an independent architect on filing of

application with direction to the architect to give his report

expeditiously. The parties shall also be entitled to file the objections, if

any, to the report of the independent architect.

With these directions, the writ petition is disposed of. All the

pending applications are also disposed of.

Dasti to the parties.

July 22, 2009                                            ANIL KUMAR, J.
'K'