High Court of DelhiW.P.(C)/11318/2019

Charan Das And ORS. v. South Delhi Municipal Corporation And ORS.

2020-01-23Hon'Ble Ms. Justice Hima Kohli,Hon'Ble Ms. Justice Asha Menon2 pages

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11318/2019 CHARAN DAS AND ORS.

..... Petitioners Through:

Mr. Devanshu Chauhan, Advocate versus SOUTH DELHI MUNICIPAL CORPORATION AND ORS.

..... Respondents Through:

Ms. Mini Pushkarna, Standing Counsel with Ms. Swagata, Ms. Khushboo & Ms. Latika Malhotra, Advocates for SDMC/R-1 Ms. Shobhana Takiar & Ms. Shweta Anand, Advocates for DDA/R-3

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE ASHA MENON

O R D E R

% 23.01.2020 1.

Despite two opportunities granted to the respondent No.3/-DDA to obtain instructions in the light of the order dated 23.10.2019, Ms. Shobhana Takiar, learned counsel for respondent-DDA states that in the absence of any instructions from the Department, she is helpless. 2.

While expressing our dissatisfaction on the manner in which the DDA is defending the writ petition and its casual approach even when the counsel on record had duly conveyed the directions of this Court, without awaiting W.P.(C) 11318/2019

any further instructions from the respondent-DDA, it is deemed appropriate to direct any two petitioners from the list of 117 petitioners, competent to present their case before the respondent No.3/DDA, to appear before the Principal Commissioner, DDA for a hearing on the representation which was made on 18.02.2019, on 20.02.2020 at 3:30 p.m. along with the relevant documents. After considering the said representation & granting a hearing, a speaking order shall be passed by the Principal Commissioner, DDA under written intimation to the two representatives of the petitioners. In the event the petitioners are aggrieved by the order that may be passed, they shall be entitled to seek their remedies, as may be available in law. 3.

We are refraining from imposing costs on the respondent No.3/-DDA for the complete lack of assistance rendered to the court, while cautioning it that such a conduct if repeated in the future, shall invite adverse orders. A copy of this order shall be placed before the Vice Chairman, DDA for perusal. 4.

The petition is disposed of.

DASTI to parties.

HIMA KOHLI, J ASHA MENON, J JANUARY 23, 2020 sm W.P.(C) 11318/2019