Kuldeep Singh Tomer v. Union Of India & ORS

$~11 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3958/2015 & CM Nos. 6305/2016 & 9133/2016 KULDEEP SINGH TOMER ..... Petitioner Through :

None versus UNION OF INDIA & ORS .... Respondents Through :

Mr Jivesh Tiwari for Mr Sanjiv Uniyal for R-1 with ASI Satvir Singh Mr Prasanta Varma for R-2.

Mr Dayan Krishnan, Senior Advocate with Mr Sanjay Abbot for R-3.

CORAM:

HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 27.07.2016 On the previous occasion, we had directed the relevant files of the competent authority to be placed before us.

Those files have been produced in Court. We have examined the same and we find that the competent authority had taken into consideration the measurement of the distance of the proposed construction from the protected monument (Makhdum Sahib Mosque). There was an issue as to whether the measurement should be taken from the boundary of the protected monument Makhdum Sahib Mosque to the edge of the plot or to the centre of the plot. The competent authority has taken the measurement to the centre of the plot and consequently has allowed the construction of the building in terms of the permission granted. In view of the same, the files are returned to ASI Satbir Singh, Assistant, who has brought the files for production before the Court. No further directions are necessary in this writ petition. The same stands disposed of. Interim order stands vacated.

BADAR DURREZ AHMED, J ASHUTOSH KUMAR, J JULY 27, 2016 SR