Zile Singh v. Govt Of NCT Of Delhi & ORS

$~A-9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 222/2016 ZILE SINGH ..... Appellant Through Mr.Ashim Vachher, Adv. with Mr.Pawash Piyush, Advs.

versus GOVT OF NCT OF DELHI & ORS ..... Respondents Through Mr.Shatrajit Banerji, Adv.

for Mr.Gautam Narayan, ASC,GNCTD for R-1,R-2 & R-4 Mr.Attin Shankar Rastogi, Adv. for R-3

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 02.06.2016 1.

The respondent No.5 in W.P.(C) No.9807/2015 is the appellant before us. The said writ petition was filed seeking inter alia to direct the respondents to implement the order dated 17.02.2014 passed by the court of Revenue Assistant, Saket under Section 81 of the Delhi Land Reforms Act, 1954 in respect of the properties specified therein and to remove unauthorized constructions.

2.

By order dated 01.03.2016, the learned Single Judge directed Deputy Commissioner, South Delhi Municipal Corporation to take action for demolition with police assistance. The said order is assailed before us in the present appeal preferred by the respondent No.5. LPA 222/2016

3.

While entertaining the appeal, by order dated 04.04.2016 we directed status quo obtaining as of that date shall be maintained regarding the property in question.

4.

When the appeal is taken up today for consideration, it is submitted by the learned counsel for the appellant/respondent No.5 in the writ petition that during the pendency of the present appeal a fresh report has been filed by the respondent No.3/SDMC regarding the status of the land in question and the appeal may be decided in the light of the same. 5.

Having regard to the fact that the main writ petition is still pending, we consider it appropriate to request the learned Single Judge to look into the fresh status report as well as the other material available on record and to decide the main writ petition on merits.

6.

Accordingly, without expressing any opinion on the merits of the case, the appeal is disposed of with a request to the learned Single Judge to hear both the parties and dispose of W.P.(C) No.9807/2015 in accordance with law.

Till such time, status quo dated 04.04.2016 ordered in the present appeal shall continue.

CHIEF JUSTICE JAYANT NATH, J JUNE 02, 2016 n LPA 222/2016