Mazhar Ali And ANR. v. South Delhi Municipal Corporation And ANR.

$~51 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) No. 1346/2019 MAZHAR ALI AND ANR.

..... Petitioners Through:

Ms. Parul Dureja, Adovcate.

versus SOUTH DELHI MUNICIPAL CORPORATION AND ANR.

..... Respondents Through:

Mr. Pratap Singh, Advocate for R-1.

Mr. Shekhar Kumar, Advocate for R2.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 08.02.2019 CM APPL. No. 6116/2019 (for exemption) Allowed, subject to just exceptions.

Application stands disposed of.

W.P. (C) No. 1346/2019 & CM APPL. NO. 6115/2019 (for interim relief) The petitioners are aggrieved by alleged unauthorized construction in shops bearing Nos. 61, 63, 64, 65, 93 & 94 Murga Market, near Ghode Wala Mandir, Tagore Garden Extension, New Delhi and Shop No. M-144, situate at Shivaji Market, Near Goan Wala Chowk, Raghubir Nagar, New Delhi. Learned counsel for the petitioners states that the petitioners have made representations to the concerned authorities, including respondent No.1/SDMC, the Delhi Urban Shelter Improvement Board (DUSIB) and the Lt. Governor of Delhi in this regard, however to no avail. Learned standing counsel appears for respondent No.1/SDMC on

advance copy and states that there have been complaints and countercomplaints in relation to properties in the area in which the subject property is situate; and that respondent No.1 has booked the properties and action is underway in some of the complaints.

In view of the statement made by counsel for respondent No.1/SDMC, counsel for the petitioners seeks leave to withdraw the present petition, with liberty to approach the Special Task Force set-up by the Delhi Development Authority vide Office Memorandums dated 25.04.2018 and 23.05.2018 issued under directions of the Supreme Court in Writ Petition (Civil) No. 4677/1985 titled M.C. Mehta vs. Union of India & Ors. Liberty as prayed for is granted.

The petition is dismissed as withdrawn.

ANUP JAIRAM BHAMBHANI, J.

FEBRUARY 08, 2019 Pallavi