Pravin Chatterjee v. Delhi Development Authority & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1059/2016 PRAVIN CHATTERJEE ..... Petitioner Through:

Ms.

Suman Chauhan, Mr.

Jivesh Tiwari, Advs.

versus DELHI DEVELOPMENT AUTHORITY & ORS ..... Respondents Through:

Mr. Nikhil Rohatgi, Mr. Ishan Sanghi, Advs. for R-1/DDA.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 16.02.2016 CM 4596/2016 Allowed subject to just exceptions.

W.P.(C) 1059/2016 1.

The petitioner has issued a legal notice dated 20th January, 2015 to the Delhi Development Authority and is seeking a hearing and decision with respect to the same.

2.

Learned counsel for the DDA submits that this writ is not maintainable as disputed questions of facts are involved between petitioner and respondent no.3 and a civil suit between petitioner and respondent no.3 is pending before the Civil Court.

3.

Learned counsel for the petitioner submits that respondent no.3 has filed a suit for possession against the petitioner. It is further submitted that the petitioner is contemplating to challenge the conveyance deed dated 6th November, 2006.

However, the Delhi Development Authority is not providing the copies of the relevant documents to enable the petitioner to file the suit. It is further submitted that the petitioner would not press this

petition if the inspection of the official record of Delhi Development Authority is provided to the petitioner and the copies of the relevant documents pointed out at the time of the inspection are provided to him. 4.

The Deputy Director (Housing), DDA shall provide an inspection of all the relevant official records relating to the property no.36-B, Pocket J, Sheikh Sarai, Phase-II, Delhi-110017 to the petitioner on 23rd February, 2016 at 3.00 pm. The petitioner is permitted to submit an application for copy of the relevant documents required by her after the inspection and the same be furnished to her by DDA.

5.

The writ petition is dismissed as withdrawn with liberty to the petitioner to revive this petition if the inspection of the official records and the relevant documents are not furnished to her in terms of this order. 6.

It is clarified that this Court has not examined the matter on merits. 7.

Copy of this order be given dasti to counsel for the parties under the signature of the Court Master.

J.R. MIDHA, J.

FEBRUARY 16, 2016 dk