K M Enterprises v. Delhi Development Authority Through Vice Chairman & ORS.
$~8 & 78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9873/2024, CM APPL. 40545/2024, CM APPL. 44461/2024 & CM APPL. 48560/2024 K M ENTERPRISES .....Petitioner Through:
Ms. Nandni Sahni and Mr. Shashank Sharma, Advocates versus DELHI DEVELOPMENT AUTHORITY THROUGH VICE CHAIRMAN & ORS.
.....Respondent Through:
Mr. R.K. Dhawan, Standing Counsel for DDA/R-1 & R-2 with Ms. Nisha Dhawan, Mr. V.K. Teng, Mr. Naman Kumar Thakur, Advocates Mr.
Gautam Narayan and Ms.
Ashmita, Advocates for R-3 Ms. Mehak Nakra, ASC (Civil) GNCTD for R-4 & R-5 with Mr.
Gunjan Suyal and Mr. Aditya Goyal, Advocates + CONT.CAS(C) 1236/2024 M/S KM ENTERPRISES THR. SHRI KAPIL MONGIA ...Petitioner Through:
Ms. Nandni Sahni and Mr. Shashank Sharma, Advocates versus DDA THROUGH ITS VC & ORS.
.....Respondent Through:
Mr. Tushar Sannu, Advocate for DDA/R-1 Mr.
Gautam Narayan and Ms.
Ashmita, Advocates for R-3
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 25.11.2024 1.
Learned counsel for petitioner has, in all fairness, admitted that DDA has already issued a cancellation letter dated 29.05.2024 whereby the W.P.(C) 9873/2024 & CONT.CAS(C) 1236/2024 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/11/2024 at 12:09:43
petitioner herein had been directed to handover the physical possession of the open space of the function site to the concerned Engineering Division of DDA and has also been directed to pay up-to-date licence fee along with the interest thereof.
2.
It is submitted by the learned counsel for the petitioner that the aforesaid cancellation has been done under wrong premise and it gives petitioner a fresh cause of action. She submits that, without prejudice to her rights and contentions taken in the present writ petition, she may be permitted to withdraw the present writ petition, with liberty to challenge aforesaid cancellation letter dated 29.05.2024.
3.
She also submits that whatever licence fee, the petitioner was required to pay, has already been deposited by him with the DDA. 4.
Keeping in mind the overall facts and circumstances of the case and fact that there is cancellation letter dated 29.05.2024 issued by the respondent-Authority which the petitioner is now willing to challenge, present writ petition and also the contempt petition are disposed of as not pressed, while reserving all the rights and contentions of the parties. 5.
Let status quo with respect to the physical possession of the premises as mentioned in the cancellation letter dated 29.05.2024 be maintained for a period of four weeks from today.
6.
Copy of this order be given dasti under the signatures of the Court Master.
MANOJ JAIN, J NOVEMBER 25, 2024/dr W.P.(C) 9873/2024 & CONT.CAS(C) 1236/2024 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/11/2024 at 12:09:43