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High Court of DelhiW.P.(C)/3906/2023

Mohd Moim & ORS. v. Government Of NCT Of Delhi & ORS.

2024-08-08Hon'Ble Mr. Justice Dharmesh Sharma2 pages

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3906/2023 and CM APPL. 15155/2023, CM APPL. 15156/2023 MOHD MOIM & ORS.

.....Petitioners Through:

Ms. Shama Usmani & Ms.

Mariya Mansuri, Advs.

versus GOVERNMENT OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Parvinder Chauhan & Ms.

Aakriti Garg, Advs. for DUSIB Ms. Shobhana Takiar & Ms.

Kartika Gupta, Advs.

for R2/DDA

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 08.08.2024 1.

Having heard the learned counsels for the parties present and on perusal of the order dated 28.03.2023 and subsequent order dated 06.04.2023 passed by this Court, the position that emerges is that the petitioners claim themselves to be residing in a notified JJ cluster and the present writ petition was filed apprehending that the respondent No.2/DDA is going to undertake the demolition drive in terms of the demolition letter dated 09.12.2022.

2.

Learned counsel for respondent No.2/DDA has submitted that the aforesaid demolition letter dated 09.12.2022 has not been acted upon. Further, alluding to the counter affidavit filed on record by Mr. Anil Kumar Singhal, Superintendent Engineer/NCC-1/DDA dated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 11:47:35

22.04.2024, it is pointed out that the DDA is rather conducting a joint survey with multiple agencies since March, 2023 so as to ascertain who are the effected parties, if any, who need to be dealt with and rehabilitated as per the policy of the DDA.

3.

In view of the aforesaid statement made by learned counsel for respondent No.2, the present writ petition is dismissed as the same is without any cause of action at present. However, the petitioners are at liberty to approach this Court as and when there is apprehended or proposed any fresh demolition drive by respondent No.2/DDA. DHARMESH SHARMA, J.

AUGUST 8, 2024/sa The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 11:47:35