Iqrar Ahmed & ANR v. The Commissioner, North Delhi Municipal Corporation & ORS

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 498/2017 IQRAR AHMED & ANR ..... Petitioners Through:

Mr. S.M. Tripathi, Adv.

versus THE COMMISSIONER, NORTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through:

Mr. Kapil Dutta, Adv. for North DMC Mr. Om Prakash, Adv. for Northern Railways

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 07.11.2017 The petitioners are licensed tehbazari holders of a site measuring 6 feet x 4 feet open to sky.

Aggrieved by the order by which the allotment was cancelled, the petitioners approached this Court. During the pendency of this writ petition, an alternate site was provided to the petitioners. However, the petitioners had complained on account of seepage and an alternate site was not usable. A submission was made as recorded in the order of 20th January, 2017 that the original sites are not usable, habitable on account of leakage of water from booster pumps. The counsel for the MCD had undertaken to look into the

matter. This Court was then informed that the seepage of water was from the side, which belongs to the Railways. Accordingly, Standing Counsel for Railways was requested to look into the matter. Today we are informed that the area in question has been repaired and is free from any seepage. Status reports have been filed by the MCD as also by the Railways. In view of the report filed, counsel for the petitioners does not press this petition. The same is dismissed as withdrawn.

G.S.SISTANI, J V. KAMESWAR RAO, J NOVEMBER 07, 2017/ak