Basant Kumar v. Lt Governor Govt Of NCT Of Delhi & ORS.

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 576/2024 BASANT KUMAR .....Petitioner Through:

Mr. Nishant Nain and Ms. Charu Sharma, Advs.

versus LT GOVERNOR GOVT OF NCT OF DELHI & ORS....Respondents Through:

Mr.

Anuj Chaturvedi and Ms.

Harshita Maheshwari, Advs. for R3/DDA.

Mr. Naveen Kumar Raheja, Adv. for R-6/DUSIB.

Mr. Manish Srivastava and Mr.

Moksh Arora, Advs. for R-7/TPDDL.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 29.05.2025 CM APPL. 2568/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

W.P.(C) 576/2024, CM APPL. 2569/2024 (by the petitioner under Section 151 CPC seeking interim relief) & CM APPL. 12947/2024 (by the petitioner under Section 151 CPC seeking early hearing) 3.

The present petition has been filed under Article 226 of the Constitution of India seeking following reliefs: "i.

Pass a writ/order/instruction in the nature of prohibition in favour of the petitioner and against the respondents No.1 to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6 thereby prohibiting the respondents No.1 to 6, their authorized agents, servants and employees from demolishing the property bearing No.WZ-91A, Inderpuri, New Delhi.

ii.

Pass a writ/order/instruction in the nature of prohibition in favour of the petitioner and against the respondents No.1 to 6 thereby prohibiting the respondents No.1 to 6, their authorized agents, servants and employees from dispossessing the petitioner and member of his family from the property bearing No.WZ-91A, Inderpuri, New Delhi. iii.

Pass a writ/order/instruction in the nature of prohibition in favour of the petitioner and against the respondents No.1 to 6 thereby prohibiting the respondents No.1 to 6, their authorized agents, servants and employees from creating any kind of hindrance, obstruction and interference in the peaceful enjoyment and use of the property bearing No.WZ91A, Inderpuri, New Delhi by the petitioner and members of his family.

iv.

Pass a writ/order/instruction in the nature of mandamus in favour of the petitioner and against the respondents No.1 to 6 thereby directing the respondents No.1 to 6, their agents, servants and employees jointly and severally to provide the alternative residential accommodation of 25 Sq. yds. Constructed in Delhi area in case the respondents No.1 to 6 demolishes the property bearing No.WZ-91A, Inderpuri, New Delhi.

v.

Pass a writ/order/instruction in the nature of mandamus in favour of the petitioner and against the respondent No.7 thereby directing the respondent No.7 its authorized agents, servants and employees jointly and severally to restore the electricity connection at the premises bearing No.WZ-91A, Inderpuri, New Delhi.

vi.

Pass a writ/order/instruction in the nature of prohibition in favour of the petitioner and against the respondent No.8 thereby prohibiting the respondent No.8, its authorized agents, servants and employees from disconnection the water supply at the premises of the petitioner i.e. WZ-91A, Inderpuri, New Delhi."

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Mr. Nishant Nain, the learned counsel appearing on behalf of the petitioner submits that insofar as dispute with regard to petitioner's title over the land is concerned, the petitioner has filed a separate civil suit. He submits that the only surviving prayer in the present petition is for direction to the respondent no.7 to restore the electricity connection bearing no. CA60001732514, of the petitioner. He submits that the petition itself can be disposed of by giving such direction to the respondent no.7. 5.

Mr. Manish Srivastava, the learned counsel for the respondent no.7 submits that he has no objection in case such a direction is given subject to the petitioner bearing the costs of restoration of electricity and further subject to compliance of all other necessary formalities. 6.

Likewise, Mr. Anuj Chaturvedi, the learned counsel appearing on behalf of respondent no.3/DDA submits that if such directions are given, the same shall be without prejudice to the rights and contentions of the DDA in the suit which the petitioner is stated to have filed. 7.

In view of the above, the petition is disposed of with a direction to the respondent no.7 to forthwith restore the electricity connection of the petitioner having CA60001732514, for the time being. However, the petitioner shall bear the cost, if any raised by the respondent no.7 with regard to the restoration of electricity connection. Further, such restoration shall be subject to compliance of all other necessary formalities. 8.

At this stage, Mr. Nain, the learned counsel for the petitioner submits that the next date in the suit filed by him before the learned Additional District Judge is 11.06.2025 and the interim order of „status quo‟ granted by this Court vide order dated 14.02.2024 be continue till the said date. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

Having regard to the submission of the learned counsel, the Status quo order granted by this Court vide order dated 14.02.2024 shall continue till 11.06.2025 and not thereafter.

10.

However, the learned Trial Court will consider passing of any interim order in the said suit on its own merit uninfluenced by continuation of Status quo order by this Court.

11.

The petition stands disposed of in the above terms. 12.

Consequently, the pending applications also stand disposed of. VIKAS MAHAJAN, J MAY 29, 2025 aj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.