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High Court of DelhiLPA/694/2022

Mr. Deepak Sinha v. Delhi Development Authority & ORS.

2025-03-19Hon'Ble Mr. Justice Harish Vaidyanathan Shankar,Hon'Ble Mr. Justice Yashwant Varma2 pages

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 694/2022 MR. DEEPAK SINHA .....Appellant Through:

None.

versus DELHI DEVELOPMENT AUTHORITY& ORS.

...... Respondents Through:

Mr. Achal Gupta, Advocate for DDA.

Mr. Raghav Marwah, Advocate for R-2.

Ms. Monica Kapoor and Ms.

Bhavya Singh, Advocates for R-4.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 19.03.2025 CM APPL. 52018/2022 (55 Days Delay) 1.

Bearing in mind the disclosures made, the delay of 55 days in filing the appeal is condoned.

2.

The application shall stand disposed of.

LPA 694/2022 3.

This appeal is directed against the final judgment rendered by the learned Single Judge dated 30 August 2022, pursuant to which the writ petition preferred by the appellant came to be disposed of. 4.

The appellant appears to have invoked our jurisdiction conferred by Article 226 of the Constitution for a direction being framed requiring the respondent nos. 1 to 3 to take action against the 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 24/03/2025 at 14:35:37

illegal and unauthorized construction stated to have been raised by respondent no. 4.

5.

The learned Judge has taken into account the fact that the demolition order which had been passed by the Delhi Development Authority was subjected to challenge before the Appellate Tribunal, Municipal Corporation of Delhi, and which had ultimately allowed that appeal on 25 April 2022 and in terms of which the order of demolition was set aside and the matter remanded back to respondent no. 2 to pass fresh orders.

6.

On 01 July 2022, the said respondent had proceeded to pass an order preserving the constructions already raised in light of the provisions contained in National Capital Territory of Delhi Laws (Special Provisions) Act, 2011. It is in the aforesaid backdrop that the writ petition came to be disposed of with the learned Judge observing that the respondents would ensure that no further construction activity would be carried out over the subject property except in accordance with law. The view so taken is clearly unexceptionable. 7.

The judgment thus does not merit any interference. The appeal shall, consequently, stand dismissed.

YASHWANT VARMA, J.

HARISH VAIDYANATHAN SHANKAR, J.

MARCH 19, 2025/AK 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 24/03/2025 at 14:35:37