Shri Avtar Singh Bajaj v. Government Of NCT Of Delhi And ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 71/2020 and CM APPL. Nos. 218-219/2020 SHRI AVTAR SINGH BAJAJ ..... Petitioner Through Mr.Rajesh Yadav and Ms.Ruchira, Advs.

versus GOVERNMENT OF NCT OF DELHI AND ANR...... Respondents Through Mr.Ramesh Singh, SC, GNCTD with Ms. Mrinalini Sen, Mr.Ishan Agrawal, Mr.Tanmay Yadav and Ms.Kritika Gupta, Advs.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 07.01.2020 1.

By this writ petition, the petitioner seeks to impugn the order dated 09.10.2019 passed by the Revenue Assistant whereby a direction was issued that the respondent (petitioner herein) stands ejected from the suit property with immediate effect.

2.

Learned counsel for the petitioner submits that an appeal against the above order has been filed before the Deputy Commissioner but for one reason or the other, the appeal is not being heard. He submits that the petitioner apprehends ejectment from the above land. It is further pleaded that in view of a notification dated 18.06.2013 issued by the Ministry of Urban Development under Section 11-A of the DDA Act, the Village in question, namely, Ghitorni has now been declared as a low density

residential area in urban extension. In view of the above, he submits that the Delhi Land Reforms Act would not be applicable to the present petition. 3.

Learned counsel for the respondent who has entered appearance on receipt of an advance copy of the petition submits that the petition is premature inasmuch as the respondent have not yet taken any step for execution of the order dated 09.10.2019. Taking the above statement of the respondent on record, the present petition is disposed of. 4.

In case any execution proceedings are initiated, due prior intimation will be sent to the petitioner.

5.

It has been pointed that the appeal is now fixed before the Deputy Commissioner on 250.01.2020. Learned counsel for the respondent assures that the appeal/application for stay will be heard on the next date of hearing. 6.

In view of the facts and circumstances of this case, the Deputy Commissioner is requested to dispose of the appeal/application for stay of the petitioner expeditiously preferably within a period of three months from today.

7.

The petition stands disposed of. Pending applications also stand disposed of.

8.

A copy of this order be given dasti under the signatures of the Court Master.

JAYANT NATH, J JANUARY 07, 2020 rb