Confederation Of Sadar Bazar ... vs North Dmc & Ors.
2020 Latest Caselaw 3465 Del

#S-17
        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                     Judgment Delivered On: 21.12.2020

LPA 396/2020

CONFEDERATION               OF       SADAR         BAZAR           TRADES
ASSOCIATION                                                  ..... Appellant

                           versus

NORTH DMC & ORS.                                          .... Respondents

Advocates who appeared in this case:
For the Appellant           : Mr. Sanjeev Ralli & Mr. Mohit Mudgal,
                              Advocates
For the Respondents         : Mr. Dhanesh Relan, Standing Counsel for R-1/
                              NDMC
                              Ms. Mrinalini Sen Gupta, Advocate for R-2/DDA
                              Mr. Awadhesh Kumar Singh, Advocate for R-3
                              Mr. Madhu Sudan Bhayana, Advocate for R-4
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
                  JUDGMENT

SIDDHARTH MRIDUL, J. (OPEN COURT-Physical Hearing) CM APPL. 33985/2020 (Exemption) Exemption granted subject to all just exceptions. The application is disposed of accordingly.

LPA 396/2020 & CM APPL. 33984/2020 (Interim Order/Direction)

1. The present Letters Patent Appeal under Clause-10 of the

Letters Patent (Lahore), has been instituted on behalf of the appellant,

assailing the Order dated 14.12.2020 in W.P.(C) No.10312/2020,

praying as follows:-

"(i) Set aside the impugned order dated 14.12.2020 to the extent it has disposed off/ declined interim application CMP No. 32626/2020 without ordering status quo ;

(ii) to pass the status quo order regarding construction work at the public parking site at Sadar Bazar Qutab Road till the decision is taken by North DMC on the representation of the Appellant in a time bound manner as per the directions passed by the Ld. Single Judge in its order dated 14.12.2020 ;

(iii) to pass any other appropriate Order as the Hon'ble court may deem fit and proper in view of the submissions made herein above."

2. Issue notice.

3. Mr. Dhanesh Relan, learned Standing Counsel appearing on

advance notice on behalf of the North Delhi Municipal Corporation

(for short 'NDMC') and duly accepts the notice and states that,

W.P.(C) No. 10312/2020, filed on behalf of the appellant/

Confederation of Sadar Bazar Trades Association, shall be treated as a

representation, in terms of the directions issued by the learned Single

Judge, vide the impugned Order dated 14.12.2020, to the effect that,

'In the circumstances, let this petition be treated as the petitioner's

representation to the Corporation...........' and a hearing qua the

same, shall be conducted on the 24.12.2020 at 3:00 p.m., through

Video Conferencing, by the Chief Engineer, NDMC, who will take a

decision thereupon, which shall be communicated to the appellant,

within a period of one week thereafter.

4. Directed accordingly.

5. No further directions are prayed for.

6. With the above direction, the letters patent appeal is disposed

of.

7. A copy of this Judgment be provided to learned counsel

appearing on behalf of the parties electronically and also be uploaded

on the website of this Court, forthwith.

SIDDHARTH MRIDUL (JUDGE)

TALWANT SINGH (JUDGE) DECEMBER 21, 2020 rs