Naresh Chand v. Delhi Urban Shelter & Improvement Board Of Mcd & ORS

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1278/2016 & CM APPLs. 5616/2016 AND 5617/2016 NARESH CHAND ..... Petitioner Through: Mr. P.S. Kem, Advocate.

versus DELHI URBAN SHELTER & IMPROVEMENT BOARD OF MCD & ORS ..... Respondents Through: Mr. Abhinav Dang, Advocate for Mr. Jagat Rana, Advocate for respondents No.1 and 2.

Mr. Anuj Aggarwal, Advocate with Mr. Subhanshu Gupta, Advocate for respondent No.3.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 22.03.2016 Present writ petition has been filed primarily seeking a declaration that the proceedings initiated by respondents No.1 and 2 for cancellation of property bearing No.D-14 and D-15, DDA Flats, near Guru Ravi Dass Mandir, Kali Masjid, near Bazar Sita Ram, Delhi-110006 and the order dated 24th May, 2015 are illegal and without due process of law. Learned counsel for respondents No.1 and 2 states that the impugned orders are appealable under Section 45 of the Delhi Urban Shelter Improvement Board Act, 2010.

Since in the opinion of this Court, the petitioner has an alternate efficacious remedy by way of an appeal, the present writ petition and applications are disposed of with liberty to the petitioner to file the said appeal.

However, it is clarified that this Court has not expressed any opinion on the merits of the controversy. Rights and contentions of all parties are left open.

MANMOHAN, J MARCH 22, 2016 js