Shahi Idgah Managing Committee v. Delhi Development Authority & ORS.

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 959/2024 SHAHI IDGAH MANAGING COMMITTEE .....Appellant Through:

Mr. Sanjoy Ghose, Sr. Adv. with Mr.Sajid Ahmed, Mr. Mohit Garg, Mr.

Rohan Mandal and Mr.Mohammad Faizan, Advs.

versus DELHI DEVELOPMENT AUTHORITY & ORS. .....Respondents Through:

Ms. Shobhana Takiar, SC for DDA with Mr. Kuljeet Singh, Adv.

Mr. Rakesh Kumar, CGSC for UOI with Mr. Sunil, Adv.

Mr. Manu Chaturvedi, Adv./SC for MCD.

Mr. Tushar Sannu , Adv. for Delhi Waqf Board/R-4 with Mr. Harsh Yadav, Advs.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 28.02.2025 CM APPL. 12029/2025 (for clarification) 1.

Heard learned counsel representing the parties. 2.

This is an application seeking clarification of order dated 07.10.2024 whereby, the instant Letters Patent Appeal was disposed of on the statements made by learned counsel representing the Delhi Development 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 05/03/2025 at 14:51:28

Authority (in short 'DDA') as also for Municipal Corporation of Delhi (in short 'MCD') who had stated that the appeal had been rendered infructuous for the reason that a statue of Rani Laxmi Bai had been installed in one corner of a public park owned by DDA and that too after construction of a boundary wall.

3.

Learned senior counsel representing the applicant, however, states that relying on certain observations made by learned Single Judge in his order dated 23.09.2024, a notice dated 11.02.2025 has been issued by the DDA for recovery of certain booking charges.

4.

The orders passed by the Court are to be understood in the context in which they are passed and in the background facts. If the applicant has any grievance against the notice, it is open for him to challenge the same by taking recourse to a legal remedy before any Court/Forum/Tribunal, which may be available to him. Any clarification being sought by way of this application, in the facts of the case, is not warranted. The application is thus dismissed. However, we make it clear that if the applicant challenges the notice issued by the DDA, it will be permissible for the applicant to press all the pleas and grounds which may be otherwise available to him under law. DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J FEBRUARY 28, 2025 "shailndra"

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 05/03/2025 at 14:51:28