High Court of DelhiCONT.CAS(C)/782/2019

Rohit Goel v. Satyendra Jain & ORS

2024-08-13Hon'Ble Mr. Justice Sudhir Kumar Jain3 pages

$~10 & 11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 782/2019 & CM APPL. 3985/2024 ROHIT GOEL .....Petitioner Through:

Mr. Rohit Goel, Advocate (Petitioner in person) with Mr. Mithlesh Jha, Mr.

Arjun Singh and Mr. Avdesh Kr. Rai, Advocates versus SATYENDRA JAIN & ORS .....Respondents Through:

Ms.

Richa Dhawan, Mr.

Anuj Chaturvedi and Ms.

Harshita Maheshwari, Advocates for R-1/DSIIDC Ms. Nanda Devi Deka, Ms. J.

Talukdar and Mr. Saswat Pratyush, Advocates for R-2/DDA Mr. Akhil Mittal, Standing Counsel for R-3/MCD Mr.

Balendu Shekhar and Mr. Krishna Chaitanya, Advocates for DPCC + W.P.(C) 7277/2016, CM APPL. 29948/2016, CM APPL. 8958/2017 & CM APPL. 12262/2023 ROHIT GOEL .....Petitioner Through:

Mr. Rohit Goel, Advocate (Petitioner in person) with Mr. Mithlesh Jha, Mr.

Arjun Singh and Mr. Avdesh Kr. Rai, Advocates versus DELHI STATE INDUSTRIAL DEVELOPMENT CORPORATION & ORS .....Respondents Through:

Mr. Tarunvir Singh Khehar, Advocate for R-2/DDA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Ms.

Richa Dhawan, Mr.

Anuj Chaturvedi and Ms.

Harshita Maheshwari, Advocates for DSIIDC Mr. Raj Kumar Bhartiya, Advocate for R-5 Mr.

Balendu Shekhar and Mr. Krishna Chaitanya, Advocates for R-6/DPCC

CORAM:

HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN

O R D E R

% 13.08.2024 1.

Ms. Nanda Devi Deka, Advocate for the respondent no. 2/DDA stated that she has already filed the status report dated 12.08.2024, which is not placed on record. She undertakes to pursue with the Registry so that the status report be placed on record.

The counsel for the respondent no. 2/DDA stated that in pursuance of directions given by this Court vide order dated 16.07.2024, a special meeting of STF was held on 26.07.2024 to discuss the modalities of the inspection to be conducted on 27.07.2024 and after discussion, the following decisions were taken:-

1. DSIDC, being incharge of the area, to approach the Religious Committee and take necessary approval regarding the removal of the encroachment in the site.

2. The demolition action after approval is to be taken up jointly by DSIIDC and MCD.

3. LM Deptt., DDA to assist Engg. Deptt., DDA with relevant records in the Joint site inspection scheduled on 27.07.2024. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4. SHO, Adarsh Nagar to be present in the scheduled Joint Site inspection.

5. Representative of Panel Lawyer was directed to inform the Petitioner to be present in the Joint Site Inspection scheduled on 27.07.2004.

6. Engg. Deptt., DDA shall be the Nodal department for the Joint Site Inspection scheduled on 27.07.2024 and shall submit the Inspection Report along with photographs and videos. 3.

S.N. Sharan, Chief Engineer-I, has already initiated the steps for removal of permanent structure in the shape of Hanuman Mandir vide letter dated 09.08.2024 addressed to the Chairman, Religious Committee, GNCTD for taking appropriate steps for removal of encroachment at the site as detailed in the minutes of meeting dated 26.07.2024 as well as inspection report dated 29.07.2024.

Mr. Rohit Goel, the petitioner in person, stated that the present petitions can be disposed of with the direction to the respondents to take appropriate instructions in pursuance of inspection conducted on 27.07.2024 and the report dated 27.07.2024.

Accordingly, the respondent no. 1/DSIIDC shall be at liberty to cooperate in removal of permanent encroachment with other respondents who shall be cooperating with the respondent no. 1/DSIIDC in doing the needful.

The present petitions along with pending applications, stands disposed of.

DR. SUDHIR KUMAR JAIN, J AUGUST 13, 2024 N/ABK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.