Desh Raj v. Sdmc Through The Commissioner And ORS.

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8752/2019 & CM. No. 36244/2019 DESH RAJ ..... Petitioner Through:

Mr. N. Prabhakar and Mr. Soumya Ranjan Das, Advs.

versus SDMC THROUGH: THE COMMISSIONER AND ORS.

..... Respondent Through:

Mr. Sandeep Bajaj and Mr. Naman Tandon, Advs. for R1.

Mr. Tanveer Ahmed Ansari, Adv. for R4.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 13.08.2019 CM. No. 36244/2019 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.

W.P.(C) 8752/2019 The challenge in this petition is to an order dated March 31, 2019 passed by the respondent SDMC. The ground being that respondent Corporation is not taking any action against the property No. 99-A, Masjid Moth, South Extension Part-II, New Delhi on the purported ground that the property is protected under the National Capital Territory of Delhi Laws (Special Provisions) Act, 2011.

Mr. Sandeep Bajaj, learned counsel appearing for the respondent

Corporation states, the very basis on which the petition has been filed is unsustainable inasmuch as at page 43 of the paper book wherein a categorical stand has been taken by the Corporation that the property is not eligible for relief under the National Capital Territory of Delhi Laws (Special Provision) Act, 2011. In other words, the order dated January 31, 2019 shall be taken to its logical conclusion. In fact, he states, a demolition is scheduled on August 23, 2019 with respect to the entire property. If that be so, Mr. N. Prabhakar, learned counsel appearing for the petitioner states, nothing further survives in the petition and the petition be disposed of. Ordered accordingly.

V. KAMESWAR RAO, J AUGUST 13, 2019/jg