Village Rajpurkhurd Welfare ... vs Govt. Of Nct Of Delhi & Ors
2014 Latest Caselaw 6617 Del

$~37
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                 Judgment delivered on 9th December, 2014

+                         W.P.(C) 5122/2013

       VILLAGE RAJPURKHURD WELFARE ASSOCIATION
                                                     ..... Petitioner
                    Represented by: Mr.Rajat Sharma, Adv.

                          Versus

       GOVT. OF NCT OF DELHI & ORS                         ..... Respondents
                     Represented by: None.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (ORAL)

C.M.No.20061/2014 (condonation of delay)

1. This is an application for condonation of delay of 54 days in filing the review petition No.541/2014.

2. Keeping in view the averments made in the application and the submissions of the learned counsel for the petitioner, the delay of 54 days in filing the review petition is condoned.

3. The application stands disposed of.

Review Petition No.541/2014

1. Vide the instant petition the petitioner seeks review of the order dated 04.08.2014 whereby the respondent No. 2 and 3 were directed to remove the encroachment in Khasra Nos. 171 and 178.

2. Learned counsel for the petitioner submits that the aforesaid respondents came to the property of the petitioner which is in Khasra No. 170 and inform the petitioner that Khasra No. 170 and 171 is overlapping to each other, therefore, demolition is required in Khasra No. 170 as well.

3. To this effect, the petitioner made representation to the Deputy Commissioner, South Saidulajab Saket, New Delhi on 02.09.2014 which was received on 03.09.2014, however, there is no response from their end.

4. Vide order dated 04.08.2014, the directions were passed only qua Khasra Nos. 171 and 178. The petitioner is staying in Khasra No. 170, if Khasra No. 170 and 171 are overlapping to each other, the respondent Nos. 2 and 3 shall carry out the demarcation by issuing notice to the petitioner and thereafter the respondent Nos. 2 and 3 may take the decision accordingly. Till then no coercive steps shall be taken on Khasra No.170 wherein the property of the petitioner is situated.

5. In view of the above the petition is allowed.

6. Dasti.

C.M.No.20060/2014 (stay) With the disposal of the instant petition, the stay application has become infructuous and disposed of as such.

SURESH KAIT (JUDGE) DECEMBER 09, 2014 mr