← Library
High Court of DelhiW.P.(C)/7835/2018

Charbhuja Marble & ORS v. North Delhi Municipal Corporation And ORS.

2018-08-01Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7835/2018, CM Nos. 29977-29978/2018 CHARBHUJA MARBLE & ORS ..... Petitioner Through:

Mr. Rakesh K. Khanna, Sr. Adv. with Mr. Triyambaksh Dadhiciya, Mr.

Ashutosh Dubey, Mr. Abhishek Chauhan & Mr. Pradeep Kumar, Advs.

versus NORTH DELHI MUNICIPAL CORPORATION AND ORS.

..... Respondent Through:

Mr. Mukesh Gupta, SC with Mr.

Shashi Gupta, Adv. for North MCD Mr. Yeeshu Jain, SC for L&B/R-2 Mr. Santosh Kr. Tripathi, ASC (GNCTD) Mr. Shlok Chandra, Adv. for R-5 & 7

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 01.08.2018 CM No. 29978/2018 Exemption allowed subject to all just exceptions. Application stands disposed of.

W.P.(C) 7835/2018 1.

The present petition has come on transfer, in view of the pendency of

two writ petitions being W.P.(C) No. 7133/2018 and W.P.(C) No. 7134/2018 in this Court.

2.

As I have disposed of the said petitions relegating the petitioners to the Appellate Authority, this writ petition, which also involves challenge to communication dated July 02,2 018 (demarcation report) is also disposed of with the same direction that the petitioners shall file an appeal before the Deputy Commissioner (Revenue) challenging demarcation report dated July 02, 2018. The said appeal shall be filed within 15 days. The limitation, if any shall not be taken against the petitioners. It goes without saying that the petitioners shall be at liberty to urge all points, as available to the petitioners both on facts and in law. The concerned Authority shall decide the appeal in accordance with law.

3.

Mr. Rakesh K. Khanna, learned Senior Counsel for the petitioners has drawn my attention to the vacation notices (pages 395 onwards) to contend that similar notices have been issued to all the petitioners and there is a likelihood that the NDMC may act on these notices. Suffice to state, the parties shall maintain status quo as of today, till the disposal of the appeal by the Deputy Commissioner (Revenue).

CM No. 29977/2018(for stay) Dismissed as infructuous.

V. KAMESWAR RAO, J AUGUST 01, 2018/ak