High Court of DelhiW.P.(C)/1503/2018

M/S Imperial Promoter Pvt. Ltd. v. Union Of India And ORS.

2018-02-16Hon'Ble Ms. Justice Rekha Palli2 pages

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1503/2018 & & C.M. No. No.6150/2018 M/S IMPERIAL PROMOTER PVT. LTD.

..... Petitioner Through:

Mr.Sankalp Goswami, Adv.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr.Sanjeev Sabharwal, Sr. Govt.

Counsel with Mr.Hem Kumar, Adv.

for UOI.

Ms.Jyoti Taneja, Adv. for R-2 & 3.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 16.02.2018 Vide the present petition, the petitioner has raised a limited grievance that though he had filed an appeal under Section 185 of the Delhi Land Reforms Act against the order dated 30.06.2017 passed by the Revenue Assistant/SDM (Saket) along with an application for stay, the appeal and the application have not been heard till date despite having been listed on 4 occasions before the Financial Commissioner. He draws my attention to the averments in this regard made in Para 3(xi) of the writ petition. He submits that the appeal along with the application for stay is now listed on 01.03.2018. Learned counsel for the petitioner submits that the petitioner would be satisfied if a time bound direction is issued to the Finance

Commissioner to decide his pending appeal as also his stay application.

Issue notice. Mr.Sanjeev Sabharwal, Advocate accepts notice on behalf of respondent No.1 and Ms.Jyoti Taneja, Advocate accepts notice on behalf of respondent Nos.2 and 3. Keeping in view the nature of limited relief sought at this stage, they do not oppose the prayers.

Learned counsel for the petitioner also prays for an interim stay of order dated 30.06.2017 passed by the Revenue Assistant. However, keeping in view the fact that an application for stay is already pending before the Financial Commissioner, I am not inclined to entertain the prayer. However, liberty is granted to the petitioner to move an application before the Financial Commissioner for early hearing of his pending stay application.

The petition is disposed of with a direction to the Financial Commissioner to decide the appeal of the petitioner as expeditiously as possible and preferably within a period of six months. It is directed that in case an application for early hearing of the stay is application is moved by the petitioner, the Financial Commissioner would consider the same and pass appropriate order expeditiously. The pending application also stands disposed of.

DASTI.

REKHA PALLI, J FEBRUARY 16, 2018 gm