Kishinchand Choithram Daryanani vs Govt. Of Nct Of Delhi & Ors.
2015 Latest Caselaw 5184 Del

$~3
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       W.P.(C) 6739/2015
        KISHINCHAND CHOITHRAM DARYANANI ..... Petitioner
                     Through: Mr. Sachin Dutta, Sr. Adv.,
                              Mr.Nikhilesh Kumar and Ms.
                              Kanupriya Tiwari, Advs.
                     versus
    GOVT. OF NCT OF DELHI & ORS                ..... Respondents
                     Through: Mr. Peeyoosh Kalra, Adv.
    CORAM:
    HON'BLE MR. JUSTICE RAJIV SHAKDHER
               ORDER

% 20.07.2015 CM No.12293/2015 (For exemption)

1. Allowed subject to just exceptions.

W.P.(C) 6739/2015 & CM No.12292/2015 (For stay)

2. Issue notice.

3. Mr. Kalra accepts notice.

4. In view of the order that I propose to pass, no counter affidavit is required at this juncture.

5. In fact, by this writ petition, the implementation is sought of the order dated 25.2.2015, passed by this court in an earlier writ petition filed by the same petitioner, i.e. W.P.(C) 1627/2015. By virtue of this writ petition, the respondents were directed to dispose of the three applications filed by the petitioners. These being: applications dated 18.2.2013 filed for demarcation of land; application dated 12.5.2014 for correction of the record; and lastly, application dated 5.2.2015 for exchange of land under Section 40 of the Land Reforms Act, 1954.

W.P.(C) 6739/2015 page 1 of 2

6. It is not disputed before me that a decision has been taken by the respondent vis-à-vis the first two applications referred to herein above. 6.1 The petitioner is aggrieved by the fact that a decision has not been taken vis-à-vis the third application, which is for exchange of land. It is, however, not disputed by the learned senior counsel for the petitioner that the time which was granted to the respondents for the said purpose is three (3) months from the date of decision rendered qua the other two applications.

6.2 Mr. Kalra says that the second application was withdrawn by the petitioner on 30.6.2015 and, therefore, there is time till September, 2015 for disposal of the third application which is, as indicated above, for exchange of land.

7. In these circumstances, the writ petition is disposed of with a direction to respondent to dispose of the application in accordance with the order of this court dated 25.2.2015; to which I have made a reference above. Till such time, the application is disposed of, the respondents shall not hand over the possession of the subject land to a third party.

7.1     The writ petition is disposed of.
8.      Dasti to all parties.
                                                       RAJIV SHAKDHER, J
JULY 20, 2015
s.pal
W.P.(C) 6739/2015                                                  page 2 of 2