Balwant Lal Nischal vs Municipal Corporation Of Delhi
2010 Latest Caselaw 1620 Del

19.
* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10447/2009

BALWANT LAL NISCHAL                       .... Petitioner
               Through Mr. Ashish Nischal, Advocate.

                 versus

     MCD                                           ..... Respondent
                          Through Ms. Suparna Srivastava, Standing Counsel
                          for MCD.

     CORAM:
     HON'BLE MR. JUSTICE SANJIV KHANNA

                ORDER

% 22.03.2010

1. Counsel for the respondent, MCD states that the present writ petition

can be disposed of in terms of the order dated 23rd September, 2008 passed in

LPA No.579 of 2008, Inspiration Dealers Pvt. Ltd. Vs. Municipal Corporation

of Delhi and Others. Paragraph 6 and 7 of the said order read as under:-

"6. In the facts and circumstances of the cases, we direct that there shall be a temporary de-sealing of the appellant's premises subject to compliance with the various conditions mentioned in paragraph 26 of the order of Sikri, J., and further subject to the outcome of the judgment of the third judge to whom the matter now stands referred. The appellants undertake that it will abide by the final order in the petition and also by the order that might ultimately be passed by the Supreme Court while deciding the issues relating to the Master Plan of Delhi 2021.

7. The MCD will de-seal the premises within a week of the appellant filing the undertakings."

2. Counsel for the petitioner states that the aforesaid statement is

acceptable to the petitioner and the petitioner will give an undertaking that he will abide by the final order passed by the third judge and also any order that

might be passed by the Supreme Court while deciding the issues relating to

the Master Plan of Delhi 2021.

3. The writ petition is disposed of on the basis of the statements made

by the counsel for the parties. The premises of the petitioner will be de-sealed

within 10 days from the date the petitioner furnishes the undertaking.

The writ petition is disposed of.

SANJIV KHANNA, J.

MARCH 22, 2010 VKR