Resident Welfare Association & ANR v. Delhi Development Authority & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LPA 9/2020 RESIDENT WELFARE ASSOCIATION & ANR ..... Appellants Through:

Mr.Rajesh Aggarwal, Mr. Mridul Aggarwal, Advocates

Versus

DELHI DEVELOPMENT AUTHORITY & ORS ..... Respondents Through:

Mr. Dhanesh Relan, Standing Counsel for DDA Mr. Sanjeev Sabharwal, Standing Counsel for SDMC

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 17.09.2020 1.

The proceedings in the matter have been conducted through video conferencing.

2.

CMs 648/2020 (for interim relief) and 22778/2020 (for joint inspection) were listed yesterday, when it was directed that the appeal itself would be heard finally today.

3.

This LPA has been preferred against an adjournment order passed by the learned Single Judge in W.P.(C) No.508/2007. The order which is under challenge is dated 06.12.2019 (Annexure A-1 to the memo of this LPA). 4.

Having heard the learned counsel from both the sides and looking to the facts and circumstances of the case, it appears that the impugned order in LPA 9/2020 Page 1 of 2 KUMAR Location:

17:22:10

W.P.(C)508/2007 reads as under:- "CM No. 50785/2019

1. Exemption application is allowed, subject to all just exceptions.

W.P.(C) 508/2007 & CM APPL. 50783-50784/2019

2. Mr. Ankur Sharma, who appears on behalf of the DDA, seeks a short accommodation.

3. Renotify on 20.3.2020."

5.

Learned counsel for the appellant submits that the appeal was preferred as the learned Single Judge had declined to grant interim relief until the adjourned date.

6.

As the aforesaid adjourned date, i.e. 20.03.2020 is already over, we see no reason to entertain this LPA. Even otherwise also, there is no substance in this LPA as no rights and liabilities of the parties have been decided by the learned Single Judge vide impugned order. Hence, this LPA is not tenable at law and the same is therefore dismissed. 7.

The petitioners are at liberty to take such steps as they may be advised before the learned Single Judge, which may be decided on its own merits. CMs 648/2020 and 22778/2020 8.

In view of the order passed in the LPA, these applications have become infructuous and are disposed of as such. CHIEF JUSTICE SEPTEMBER 17, 2020/pk PRATEEK JALAN, J LPA 9/2020 Page 2 of 2 KUMAR Location:

17:22:10