High Court of DelhiW.P.(C)/1487/2018

Vijay Gupta v. Vikram Singh Khari And ORS.

2018-02-16Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1487/2018, CM No. 6123/2018 VIJAY GUPTA ..... Petitioner Through:

Mr. R.N. Dubey, Adv.

versus VIKRAM SINGH KHARI AND ORS.

..... Respondents Through:

Mr. Gaurang Kanth, Adv. and Mr.

Amit Sinha, Adv. for R2/EDMC with Mr. S.D. Tomar, Ex. Engineer.

Ms. Shobhana Takiar, Adv. with Mr.

Udayan Khandelwal, Adv. for GNCTD/R2 & R3 Mr. Zahid Hamieb, Adv. for Mr.

Naushad Ahmad Khan, Standing Counsel for GNCTD

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 16.02.2018 CM No. 6123/2018 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.

W.P.(C) 1487/2018 The present petition has been filed by the petitioner with the following prayers:

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:- (i) issue a writ of mandamus or any other writ like nature order and direction thereby directing the respondent

Nos.2 to 5 for issuance of direction for demolition of the properties built up and encroached by the respondent No.1 on public land and to take the possession thereof with the penalities;

(ii) pass any other relief, order or direction which this Hon'ble Court may deem fit and proper under facts and circumstances of the present case in favour of the petitioner."

Learned counsel for the petitioner states, despite representation, nothing has been heard from the respondent Nos.2. Mr. Gaurang Kanth states that it is purely an inter se dispute between the petitioner and respondent No.1.

Mr. Gaurang Kanth, states even otherwise on necessary enquiries by the officers of EDMC, no unauthorised construction on the Government land has been found. He states, after verifying the factual aspect from respondent No.5, reply to the representations of the petitioner dated November 09, 2017 (at pages 91 and 93) shall be sent within six months from today. The statement of Mr. Kanth is taken on record.

Learned counsel for the petitioner states, the statement of Mr. Gaurang Kanth shall satisfy the grievance of the petitioner in this writ petition, and the same be disposed of. Ordered accordingly. V. KAMESWAR RAO, J FEBRUARY 16, 2018/aky