Lalit Kumar Jain v. Assistant Settlement Commissioner & ORS.
$~11 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4949/2014 LALIT KUMAR JAIN ..... Petitioner Through:
Ms. Smita Maan, Adv.
versus ASSISTANT SETTLEMENT COMMISSIONER & ORS.
..... Respondents Through:
Mr. Yeeshu Jain and Ms. Jyoti Tyagi, Advocates
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
O R D E R
% 23.03.2017 Learned counsel for the petitioner submits that without prejudice to the rights and contentions of the parties and in view of the fact that the petitioner has been litigating for over five decades in respect of the said property. The petitioner is willing to participate in the proceedings initiated by the respondents under Section 33 of the Disabled Persons (Compensation & Rehabilitation) Act, (hereinafter referred to as the 'Act') pending before respondent no. 2, subject to all contentions of the petitioner being left open to be considered by respondent no. 2.
Learned counsel for the petitioner further submits that at this stage the petitioner does press the challenge to the Notification dated 19.08.2010 and would avail of all remedies, as may be permissible in W.P.(C) 4949/2014
law, at an appropriate stage.
In view of the above, the writ petition is disposed of directing the petitioner to appear before the respondent no. 2 in the proceedings pending before him under Section 33 of the Act. The respondent no. 2 shall fix a date of preliminary hearing within the next three week and conclude the proceedings expeditiously, preferably within a period of three months from the date of first hearing.
It is clarified that this court has not expressed any opinion on the merits of the contentions of either parties and the issues raised by the petitioner as well as the respondents are left open. It is expected that since directions have been issued for a time bound disposal, the parties shall not seek unnecessary adjournments in the matter.
Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J MARCH 23, 2017 'rs'
W.P.(C) 4949/2014