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High Court of DelhiW.P.(C)/6970/2020

Ajay Kumar & ORS. v. Delhi Development Authority & ORS.

2025-01-21Hon'Ble Mr. Justice Manoj Jain3 pages

$~156 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6970/2020 & CM APPL. 23796/2020 & CM APPL.

25447/2020 & CM APPL. 20913/2021 & CM APPL. 20914/2021 & CM APPL. 58650/2023 & CM APPL. 3420/2024 & CM APPL. 2631/2025 AJAY KUMAR & ORS.

.....Petitioner Through:

Ms. Meenakshi Midha, Ms. Pratima Sharma and Ms. Muskan Garg, Advocates.

versus DELHI DEVELOPMENT AUTHORITY & ORS.

.....Respondent Through:

Mr. Tushar Sannu, Advocate for R1/DDA.

Ms. Kirti Mewar, Advocate for R-5 to 9.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 21.01.2025 1.

Petitioners are aggrieved by No Objection Certificate (NOC) dated 25.11.2019 whereby permission to install proposed lift in the block comprising of Flats No. 25A to 32A, Vikas Vihar G/HG Society, Gangotri Apartments, Plot No.5, Vikas Puri has been granted by DDA to the private respondents.

2.

Besides DDA, the private respondents are also party to the present writ petition and they are represented by Ms. Kirti Mewar, learned counsel for respondent Nos. 5 to 9.

3.

It has come to fore that in one similar kind of matter, albeit, W.P.(C) 6970/2020 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

pertaining to MCD where also, there was question of installation of lifts, the matter was relegated to the Corporation with certain directions. Reference be made to order dated 02.09.2024 passed by Coordinate Bench of this Court in W.P.(C) 11968/2023 and connected writ petitions. 4.

The above said order is in the knowledge of the learned counsel for the petitioner as well as of the learned counsel for the respondents, including the private respondents. They have no objection if similar directions are passed in the present matter as well.

5.

Keeping in mind the overall facts and circumstances of the case, and above stance of parties, this Court also deems it appropriate to dispose of the present writ petition by directing as under:- i.

Let all the petitioners herein, file consolidated objection before DDA along with supporting documents, if any, within a period of ten days from today.

ii.

Let a copy thereof, be also supplied to the private respondents. iii.

The private respondents would also be at liberty to file their independent objections/submissions within a further period of ten days.

iv.

After receiving these objections and suggestions from both the sides, the respondent authority i.e. DDA shall decide the matter of installation of lifts afresh, without being influenced by the earlier NOC given by it.

v.

Let the decision, in this regard, be taken by DDA within a period of ten weeks from today.

vi.

It will be upto DDA to afford opportunity of personal hearing to the petitioners and the private respondents. W.P.(C) 6970/2020 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

Consequently, NOC dated 25.11.2019 shall remain in abeyance, till the authority takes a fresh decision.

7.

Needless to say, if any of the parties is aggrieved by the outcome of such fresh decision taken by DDA, it will be at liberty to file appropriate petition before appropriate forum.

MANOJ JAIN, J JANUARY 21, 2025/ss W.P.(C) 6970/2020 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.