Vineet Jain And ORS v. North Delhi Municipal Corporation And ORS

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1794/2017, CM No. 7982/2017 VINEET JAIN AND ORS ..... Petitioner Through:

Mr. Sumeet Verma, Adv. with Mr. A.K. Malhotra, Adv.

versus NORTH DELHI MUNICIPAL CORPORATION AND ORS ..... Respondent Through:

Mr. Sunil Geol, SC for Nr. DMC with Ms. Supreet Bimbra & Mr. Mayank Goel, Advs. for R-1 & 2 Ms. Warisha Farasat, Panel Counsel GNCTD with Ms. Hafsa Khan, Adv.

for R-4 & 5 Ms. Gauri Chaturvedi, Adv. for DDA Mr.P.D. Gupta, Sr. Adv. with Mr. Atul Gupta, Adv. for R-6

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 26.04.2019 On February 26, 2019 this Court had passed a detailed order, paras 5 and 6 of which reads as under:-

5. In view of the above, learned counsel for the petitioners is directed to take specific instructions, especially as to whether in light of the stand taken by respondents Nos. 1 and 2/North DMC as above, anything survives in this petition. If however the petitioners still wish to pursue the matter, this court may consider disposing of the present petition with liberty to the petitioner to approach the Special Task Force set-up by

Ministry of Housing and Urban Affairs (MHUAs) vidé Office Memorandums dated 25.04.2018 and 23.05.2018 issued under directions of the Supreme Court in Writ Petition (Civil) No. 4677/1985 titled M.C. Mehta vs. Union of India & Ors.

6. Senior counsel for respondent No. 6 further points-out that if the petitioner, or any of them, are aggrieved by what they consider to be wrongful grant of building sanction or permission for use of subject land, they may file an appeal before the Appellate Tribunal MCD under the provisions of Delhi Municipal Corporation Act, 1957 which is an alternate and efficacious remedy available for the purpose." Mr. Varma, learned counsel appearing for the petitioner states that the petitioner cannot approach the STF or ATMCD without the sanctioned plans being given to the petitioner. Mr. P.D. Gupta, learned Senior Counsel appearing for the respondent No.6 states that the sanction letter and sanctioned plans shall be handed over to Mr. A.K. Malhotra, Advocate within one week from today.

In view of the statement made by Mr. P.D. Gupta, Mr. Varma states that the petitioner shall withdraw the writ petition to approach STF. Ordered accordingly. Petitioner is at liberty to take all pleas both on fact and in law.

Writ petition stands disposed of. No costs.

V. KAMESWAR RAO, J APRIL 26, 2019/ak