Mr. Nikhil Vithal Jhaveri v. Union Of India & ANR.

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15346/2024 MR. NIKHIL VITHAL JHAVERI .....Petitioner Through:

Mr. Pranav Sarthi, Advocate (through VC) along with Ms. Apoorva Singh, Advocate.

versus UNION OF INDIA & ANR.

.....Respondents Through:

Mr. Himanshu Pathak, SPC along with Mr. Amit Singh, Advocates.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

O R D E R

% 27.03.2025 CM APPL.18020/2025 (for early hearing) 1.

This is an application seeking early hearing. 2.

Considering the averments made in the application, the same is allowed; W.P.(C) 15346/2024 is taken up for hearing today itself. 3.

The application stands disposed of.

W.P.(C) 15346/2024 4.

During the course of hearing, it transpires that an order dated 20.03.2025 has been passed on the application submitted by the petitioner for approval of building plan/s, which reads as under :- "To Ashok S. Beharay, POAH Construction House, 796 / 189-B, Bhandarkar Institute Road, Deccan Gymkhana, Pune-411004.

SUB :

BUNGLOW NO. 5-B QUEENS GARDEN : PUNE CANTT.

Ref : 1) Your building application with plan dated 10/07/2020

2) Letter No. H/496-B/I/ dated 17/03/2025 from DEO, Pune Circle, Pune.

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 01/04/2025 at 14:40:58

The building plan submitted vide your above referred application has been rejected as per the order of GOC-in-C, SC, Pune communicated vide HQrs SC letter dated 27/01/2025 and PDDE SC letter no. 2931/ B / DE / Ty dated 13.03.2025. The proposal for erection of Building / Sanction of Building plan at subject property is 'Not Consented' by GOC-in-C, HQSC.

The DEO, Pune Circle, Pune vide above referred letter has returned the above referred Building Plan herewith duly endorsing "An Objection is raised on behalf of Govt. under Section 238(3) of the CA 2006 to proposed construction"

In view of above, the building plan submitted vide your above referred building application is returned herewith as rejected. Sd/- Chief Executive Officer, Pune Cantonment Board (SUBRAT PAL)"

5.

In view of the aforesaid, learned counsel for the petitioner seeks to withdraw the present petition with liberty to avail appropriate remedies against the aforesaid order.

6.

The present petition is, accordingly, dismissed as withdrawn with liberty as prayed for.

7.

The date earlier fixed i.e., 05.05.2025 stands cancelled. SACHIN DATTA, J MARCH 27, 2025/r 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 01/04/2025 at 14:40:58