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High Court of DelhiW.P.(C)/6156/2018

Sh. Maa Kali Virajmaan v. Public Work Department And ORS.

2018-05-30Hon'Ble Mr. Justice Rajiv Shakdher2 pages

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6156/2018 & C.M. Appl. No. 23817/2018 SH. MAA KALI VIRAJMAAN ..... Petitioner Through Ms. Suman Chauhan, Adv.

versus PUBLIC WORK DEPARTMENT AND ORS.

..... Respondents Through Mr. Naushad Ahmed Khan, ASC for GNCTD.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 30.05.2018 To be noted, learned counsel for the petitioner, at the outset, concedes that the subject temple has already been demolished. Mr. Khan, who, appears on advance notice on behalf of respondent Nos.1 & 2, has placed before me a judgment of a Division Bench of this Court, passed in W.P. (C) No.4683/2014, on 30.05.2017.

2.1 This was a petition where relief sought was that the temple in issue, which is the subject matter of the present petition, as well, should be demolished as it obstructs and impedes traffic in the concerned area.

2.2 This Court allowed the writ petition and directed the demolition of the subject temple within a period of eight (8) weeks. 2.3 The judgment of the Division Bench was carried in appeal. 2.4 The Supreme Court vide order dated 05.03.2018 declined to

interfere with the judgment of this Court. The Supreme Court, however, gave six months time from the date of its order for removal of the subject temple. The order of the Supreme Court was passed on 05.03.2018, in SLP (C) No.21996/2017, titled: Maa Kalka Sewa Samiti (Regd.) Vs. Vishwas Nagar Vikas Smiti (Regd.) & others. Having regard to the foregoing, to my mind, there is no merit left in the petition.

The petition is, accordingly, dismissed.

RAJIV SHAKDHER, J MAY 30, 2018