Defence Colony Welfare Association v. Municipal Corporation Of Delhi & ORS

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1711/2012 & C.M. No.19795/2012 DEFENCE COLONY WELFARE ASSOCIATION ..... Petitioner Through Ms.Alka Chojar, Advocate.

versus MUNICIPAL CORPORATION OF DELHI & ORS ..... Respondents Through Ms.Mini Pushkarana, Standing Counsel along with Ms.Anushruti and Ms.Yoothica Pallavi, Advocates for SDMC/R-1.

Mr.Arjun Pant, Advocate for DDA.

Mr.Shatrajit Banerji for Mr.Gautam Narayan, ASC, for GNCTD.

Inspector Rakesh Kumar, SI Lalu and SI Ramtirth for Traffic Police.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 02.08.2016 The prayer made in the present petition has been perused. Admittedly, no notice has been issued qua prayer (i) of the present petition.

Learned counsel appearing for the respondent Corporation submits that qua prayer (ii) the stand of the Corporation is that the MCD is running a nursery on the aforenoted site since the year 1970 and the layout plan of the Corporation also shows that this is a nursery. The user cannot be changed. This statement of respondent

no.1 is taken on record. The Counter affidavit on this count is on record. Qua prayer (iii) the submission of the learned counsel for the respondent is that although a parking space had been allotted to Bisheswar Jha- respondent no.3 and petitioner in the connected writ petition i.e. W.P.(C) No.8000/2012 and after 2013 his contract for parking has not been renewed and the aforenoted parking is free for general public; no parking charges are being charged for parking in that area (as mentioned in para 3 of the counter affidavit) and the affidavit of the Traffic Police (page 133 of the paper book) is also on record substantiating this submission.

In view of the statement which has come on record, nothing survives in this petition.

Petition disposed of.

INDERMEET KAUR, J AUGUST 02, 2016 ndn