Lajpat Rai Sobti v. Govt Of NCT & ORS

$~SB3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6032/2008 LAJPAT RAI SOBTI ..... Petitioner Through:

Mr. Vikram Saini, Adv.

Versus

GOVT OF NCT OF DELHI & ORS ..... Respondents Through:

Mr. Ramesh Singh, Mr. Anuj Aggarwal, Ms. Deboshree Mukherjee, Advs. for GNCTD along with Mr. Sudhir Sharma, Dy. Secretary (Power) and Mr. Mohit Sharma, Jr. Law Officer, Power Deptt.

Mr. Parvinder Chauhan & Mr. Nitin Jain, Advs. for DUSIB.

Mr. Ajay Verma, Adv. for DDA.

Mr. Anupam Varma, Mr. Nikhil Sharma & Ms. Shreya Khanna, Advs. for TPDDL.

Mr. B.R. Singh, Special Secretary (PWD).

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 24.05.2018 Review Petition No.141/2011, CM No.3867/2011 (for condonation of 58 days delay in applying for review), CM No.4963/2011 (for directions), CM No.28147/2016 (for modification of order dated 25th May, 2016) and CM No.45281/2017 (under Section 151 CPC) 1.

The direction for personal appearance of the Secretary (Power) and the Secretary, Public Works Department (PWD) has had the requisite effect. 2.

The counsel for Government of NCT of Delhi has handed over in the Court an affidavit dated 23rd May, 2018 of Mr. B.R. Singh, Special Secretary (PWD) and the counsel for the Tata Power Delhi Distribution Ltd. (TPDDL) has handed over a status report.

3.

It is informed that the transformer installed in the premises of the petitioner has been agreed to be shifted at two different locations which have been identified W.P.(C) 6032/2008

and the possession whereof will be handed over by PWD to the Power Department tomorrow itself and the Power Department will, on the same day, allot the same to the TPDDL and TPDDL will carry out the work of shifting of the transformer within 90 days therefrom and ensure that the order of which review is sought is complied within the said 90 days.

4.

The aforesaid is accepted and Govt. of NCT of Delhi & TPDDL are ordered to be bound thereby.

5.

Mr. B.R. Singh, Special Secretary, PWD and Mr. Sudhir Sharma, Deputy Secretary (Power) stated to be present in the Court are personally made responsible for the compliance of their part of obligations as aforesaid and Mr. Praveen Sharma, District Manager, Shakti Nagar of TPDDL, personally present, is made responsible for compliance of the obligations aforesaid insofar as TPDDL is concerned.

6.

The counsel for the review petitioner, without prejudice to its rights and contentions in the review petition and keeping the right open to agitate the same if need arises, in view of the above, withdraws the review petition. 7.

The review petition and all pending applications are disposed of in terms of above. 8.

It is made clear that if the respective obligations are not complied with, the petitioner shall be entitled to take consequential remedies. 9.

The petitioner to facilitate the removal of the transformer from his premises, by providing access to the representatives / workers of the TPDDL into the premises for the said purpose and by permitting widening of door / window, if any required to be done for the said purpose. Dasti under signature of Court Master.

RAJIV SAHAI ENDLAW, J MAY 24, 2018 'gsr'..

W.P.(C) 6032/2008