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High Court of DelhiLPA/454/2016

Dulare Lal & ANR v. New Delhi Municipal Council

2016-08-16Cases Pertaining To Spl.Division Benches2 pages

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 454/2016 & CM No.29362/2016 (directions) DULARE LAL & ANR ..... Appellant Through Mr N.K. Sahoo, Adv.

versus NEW DELHI MUNICIPAL COUNCIL ..... Respondent Through Mr Ashish Tiwari, Adv.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 16.08.2016 CM Nos. 29360, 29361 and 29363 of 2016 (exemption) Exemption allowed subject to all just exceptions. The application stand disposed of.

CM No.29359/2016 (delay) There is a delay of 140 days in filing the present Intra-Court Appeal. It is pointed out that the impugned decision dated 19.02.2016 was made the subject matter of challenge in LPA No. 136/2016 titled 'Bhola Ram Patel v New Delhi Municipal Council and Anr.' and other connected matters, which were decided on 18.05.2016. The association of street vendors had filed a contempt petition. The appellant was hoping that he would be treated and granted the same benefit as the appellants in LPA No.136/2016 titled 'Bhola Ram Patel v New Delhi Municipal Council and Anr'. Thus there was delay in filing a separate appeal. The respondents are not extending the relief as was given to the appellants in LPA No. 136/2016 titled 'Bhola Ram Patel v New Delhi Municipal Council and Anr'.

Learned counsel for the respondent - Council states that he leaves it to the Court. However, he does not dispute the facts as stated. For the reasons explained by the applicants in the Court and in view of the statement made by counsel for the respondent - Council that he does not dispute the facts, we are inclined to condone the delay. The application is allowed and disposed of.

LPA 454/2016 & CM No.29362/2016 (directions) Learned counsel for the parties have agreed that the present appeal can be disposed of in terms of the directions given in paragraph 26 of the order/ judgment dated 18.05.2016 passed in LPA No. 136/2016 titled 'Bhola Ram Patel v New Delhi Municipal Council and Anr'. Ordered accordingly. In view of the aforesaid, the appeal is disposed of. Pending CMs also stand disposed of.

There shall be no orders as to costs.

SANJIV KHANNA, J JAYANT NATH, J AUGUST 16, 2016/rd