Citation : 2021 Latest Caselaw 1229 Tel
Judgement Date : 16 April, 2021
Item No.24
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.No.342 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. On the last date of hearing, the matter was adjourned at the
request made on behalf of learned counsel for the appellant/writ
petitioner on the ground that he was indisposed. Learned Standing
Counsel for the respondents No.2 and 3/GHMC had clarified that
nothing survives in the present appeal, as the structure erected by the
appellant/writ petitioner on the subject land was demolished almost a
year ago on 03.05.2020.
2. Today, learned counsel for the appellant/writ petitioner
concedes that the structure stood demolished on 03.05.2020.
3. That being the position, nothing further survives for
adjudication in the present appeal. However, as learned counsel for
the appellant/writ petitioner states that the appellant/writ petitioner
reserves his right to seek damages against the respondents No.5 and 6
for the loss caused to him on account of the demolition action
undertaken by the civic authorities, without making any observations
on the merits of any such suit, that may be instituted by the
appellant/writ petitioner, or the pleas that may be available to the
respondents No.5 and 6 to oppose such suit, if filed, the present appeal
is disposed of with liberty granted, as prayed for, along with the
pending applications, if any.
______________________________ HIMA KOHLI, CJ
______________________________ B. VIJAYSEN REDDY, J
16.04.2021 JSU
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