Unity Apartment Residents Welfare Association Regd And ORS & ORS. v. Union Of India & ORS.
$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3721/2020, CM APPL. 13336/2020 & CM APPL. 13337/2020 UNITY APARTMENT RESIDENTS WELFARE ASSOCIATION REGD AND ORS.
.....Petitioners Through:
Mr. Surender Kumar Sharma and Mr. Tarun Diwan, Advocates.
versus UNION OF INDIA & ORS.
....Respondents Through:
Mr. Vijay Joshi, Advocate for R-1.
Mr. Dhanesh Relan, Standing Counsel for DDA alongwith Mr. Gauri Chaturvedi, Advocate.
Mr. Sanjeev Ralli and Mr. Atul Verma, Advocates for R-3.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
O R D E R
% 26.06.2020
1. The hearing was conducted through video conferencing.
2. The learned Standing Counsel for the DDA submits that he has filed an affidavit as of yesterday. However, the same is not on record. He submits that he will pursue with the Registry to have it brought on record. The learned counsel for the petitioner has received a copy of the same.
3. The learned counsel for the DDA contends that this Court would have no jurisdiction to hear the present writ petition, in view of the order of the Supreme Court dated 10.03.2015 in SLP No. 16385-16388/2012 titled as "Rahul Gupta vs. Delhi Development Authority & Ors.",
according to which no other court shall entertain any application for grant of interim directions with regard to the allotment or execution of the works, apropos sectors 27 to 37, Rohini and such proceedings would lie only before the Supreme Court. He submits that the present work undertaken by the DDA, would fall under the ambit of the said order.
4. The order has not been placed before the court yet. It is only on the basis of the aforesaid statement of the learned Standing Counsel for the DDA i.e. that this court would have no jurisdiction to entertain the present petition, that the learned counsel for the petitioners does not press the petition and seeks to withdraw it with liberty to pursue such legal remedies as may be available in law.
5. The writ petition, alongwith pending applications, is dismissed as withdrawn. Liberty granted.
6. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through email. NAJMI WAZIRI, J JUNE 26, 2020 RW