Badshah Ali v. Shri Gyanesh Bharti & ORS.

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 192/2024 BADSHAH ALI .....Petitioner Through:

Ms. Beenashaw Soni, ASC for DDA with Ms. Mansi Jain, for R-2 DDA along with Mr. Prabhakar Singh, Deputy Director, L&M (through VC) versus SHRI GYANESH BHARTI & ORS.

.....Respondent Through:

Mr. Manashwy Jha, Advocate, Panel Counsel (Civil) for GNCTD for R-4.

Mr. Shivam Sachdeva, AS for MCD.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 15.05.2025 1.

By the previous order of 7thApril 2025, it had been directed that status report be filed, along with photographs of the said area, showing a comparison with photographs filed as Annexure A-3 to the petition. The matter was listed today and no status report was on record. 2.

Counsel for the respondent stated that they would file the same within a short time.

3.

However, on the persuasion of the Court, the concerned Officer of the DDA was asked to be present in this regard. Accordingly, Mr. Prabhakar Singh, Deputy Director Land & Management Branch is present through VC, he states that the demolitions in question were made on 7th February 2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and 6th June 2024.

4.

He further states that time has been taken to file the status report, since they did not have access to photographs, which had been taken. This submission itself, is self-defeating, considering that the action, as per the officer, was done last in June 2024.

5.

Moreover, the last effective order passed by this Court was on 31st May 2024. Thereafter, the matter was listed on various dates but the Court could not take up the matter till 7th April 2025. 6.

Despite such a large period having lapsed since June 2024, the status report was still not on record.

7.

At the minimum, the Court must have the benefit of what the DDA wants to state in this regard and to file the status report. Seeking adjournments time and again when a matter is listed after a few months is not appreciated and shows indiscipline and lack of sincerity in compliance with the orders of the Court.

8.

Ms. Beenashaw Soni, ASC, appears for the DDA and states that for some administrative reason, the status report could not be filed, though they have already acted in this regard.

9.

Ms. Soni states, on instructions, that the property has been razed to the ground.

10.

Status report therefore must be filed and placed on record, within the next week, with copies to the counsel for the petitioner. 11.

Based on the statement which has been made, the petition is disposed of.

12.

Counsel for the petitioner has no instructions, as to, whether unauthorised construction continues to exist or not. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

13.

Post the filing of the status report, if the petitioner has any residual issue, they are at liberty to reagitate the matter. 14.

Order be uploaded on the website of this Court. ANISH DAYAL, J MAY 15, 2025/RK/kp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.