Dina Nath vs Municipal Corporation Of Delhi
2010 Latest Caselaw 1648 Del

31
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     W.P.(C) 2882/2008

      DINA NATH                 ..... Petitioner
                           Through         Mr. Arun Sharma, Adv.

                    versus
      M.C.D               ..... Respondent
                           Through      Ms. Suparna Srivastava, Adv.
      CORAM:
      HON'BLE MR. JUSTICE SANJIV KHANNA

                                  ORDER

% 23.03.2010

It is apparent from the counter affidavit filed by the respondents that the

land in question is encroached upon by third parties and is subject matter of

several writ petitions, in which interim orders have been passed by the Division

Bench, directing that the respondents can complete the process of acquisition

but possession will not be taken till the question of regularization of

unauthorized colony is decided.

It is a well known fact that subsequently the respondent, Government of

NCT of Delhi has framed a regularization scheme. One of the authorized colonies

slated for regularization is Samalkha Extension. The petitioner obviously now

cannot be allotted land/plot in the said colony.

In view of court orders passed in other writ petitions filed by residents of

Samalkha Extension, the petitioner is not entitled to any relief and no writ of

mandamus can be issued as it will come into conflict with the orders passed by

the Division Bench. However, it will be open to the petitioner to ask for refund of Rs. 12,000/- or to wait till the respondent-MCD frames any other scheme under

which allotment can be made to the petitioner.

The writ petition is disposed of.

SANJIV KHANNA, J.

MARCH 23, 2010 NA