South Delhi Municipal ... vs Friends Of Rajouri Gardan ...
2018 Latest Caselaw 6513 Del

    * IN THE HIGH COURT OF DELHI AT NEW DELHI
    %                             Date of decision:29th October, 2018

+    LPA 615/2018, CAV 990/2018 and CM Nos. 45099-45101/2018

     SOUTH DELHI MUNICIPAL CORPORATION
                                                                ..... Appellant
                         Through:       Mr. Sanjay Poddar, Sr. Adv. with
                                        Ms. Ruchi Jain and
                                        Mr. Govind Kumar, Advs.

                         versus

     FRIENDS OF RAJOURI GARDAN ENVIROMNET (REGD.) AND
     ANR.                                      ..... Respondents
                   Through: Ms. Aastha Dhawan, Adv.

     CORAM:
     HON'BLE THE CHIEF JUSTICE
     HON'BLE MR. JUSTICE V. KAMESWAR RAO

    V. KAMESWAR RAO, J. (ORAL)

CAV 990/2018 Since learned counsel for the caveator is present. Caveat

stands discharged.

CM Nos. 45100/2018 & 45101/2018 (for exemption) Exemption allowed, subject to all just exceptions.

Applications stand disposed of.

LPA 615/2018

1. This appeal has been filed by the appellant challenging the

order dated September 24, 2018 passed by the learned Single Judge

directing the appellant herein to maintain the status quo in respect

of the subject land.

2. Mr. Sanjay Poddar, learned Senior Counsel appearing for

the appellant states by pointing out to pages 382 onwards which are

photographs of the construction being made on the land in question

that under such circumstances, the learned Single Judge could not

have directed the appellant to maintain status quo. He also states,

the South Delhi Municipal Corporation is within its right in terms of

the Act and Bye-laws to make multi level parking on the land, even

if, the same is meant for the purpose of running Municipal school.

3. As we note that the date of hearing before the learned Single

Judge is December 07, 2018 and the issue which arises for

consideration in the writ petition needs to be decided by the learned

Single Judge, appropriate for the appellant is to file an application

before the learned Single Judge for early hearing of the writ

petition. Such an application shall be filed by the SDMC by serving

a copy of the same on the respondents including Dr. Pramod Pal

Sehgal intimating the date of hearing to them. If such an

application is filed, we request the learned Single Judge to consider

the same so as to hear the writ petition at an early date.

4. We take on record the submission made by the learned

counsel for the parties that they shall complete the pleadings in the

writ petition before the date of hearing to be fixed by the learned

Single Judge.

5. The appeal is disposed of.

CM No. 45099/2018 (for stay) Dismissed as infructuous.

Dusti under the signature of the Court Master.

V. KAMESWAR RAO, J

CHIEF JUSTICE

OCTOBER 29, 2018/aky