Mr. Harish Kumar v. Delhi Development Authority
$~73 to 76.
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.8541/2018 & CM No.32810/2018 (for stay). HARISH KUMAR ..... Petitioner Through:
Ms. Nikita Salwan, Adv.
versus DELHI DEVELOPMENT AUTHORITY ..... Respondent Through:
Mr. Arjun Pant, Adv. for DDA.
AND W.P.(C) No.8542/2018 & CM No.32812/2018 (for stay). OM PRAKASH (SINCE DECEASED) THROUGH LR ASHOK KUMAR ..... Petitioner Through:
Ms. Nikita Salwan, Adv.
versus DELHI DEVELOPMENT AUTHORITY ..... Respondent Through:
Mr. Arjun Pant, Adv. for DDA.
AND W.P.(C) No.8543/2018 & CM No.32814/2018 (for stay). PUSHPA RANI ..... Petitioner Through:
Ms. Nikita Salwan, Adv.
versus DELHI DEVELOPMENT AUTHORITY ..... Respondent Through:
Mr. Arjun Pant, Adv. for DDA.
AND W.P.(C) No.8544/2018 & CM No.32816/2018 (for stay). JAWAHAR LAL PURI ..... Petitioner Through:
Ms. Nikita Salwan, Adv.
versus DELHI DEVELOPMENT AUTHORITY ..... Respondent Through:
Mr. Arjun Pant, Adv. for DDA.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
O R D E R
% 14.08.2018 W.P.(C) No.8541/2018, W.P.(C) No.8542/2018, W.P.(C) No.8543/2018 & W.P.(C) No.8544/2018 page 1 of 3
CM No.32811/2018 in W.P.(C) No.8541/2018, CM No.32813/2018 in W.P.(C) No.8542/2018, CM No.32815/2018 in W.P.(C) No.8543/2018 and CM No.32817/2018 in W.P.(C) No.8544/2018 (all for exemption). 1.
Allowed, subject to just exceptions.
2.
The applications stand disposed of.
W.P.(C) No.8541/2018, W.P.(C) No.8542/2018, W.P.(C) No.8543/2018 & W.P.(C) No.8544/2018.
3.
W.P.(C) No.8479/2018, W.P.(C) No.8480/2018, W.P.(C) No.8486/2018 and W.P.(C) No.8487/2018 were listed in the morning and after arguments were withdrawn.
4.
The counsel for the petitioners during the hearing aforesaid also informed that she had in fact, besides those petitions, filed four other identical petitions and which though were also supposed to be listed today only but had not been listed. On request, the same were directed to be listed and have now been listed.
5.
These petitions also, like the petitions which were listed in the morning, all under Article 227 of the Constitution of India, impugn identical judgments [all dated 2nd July, 2018 in PPA No.38/2016 (1180/2016), PPA No.36/2016 (1188/2016), PPA No.35/2016 (1189/2016) and PPA No.32/2016 (1190/2016) respectively and all of the Court of the District Judge (South-East), acting as the Appellate Officer under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, (PP Act)] of dismissal of appeal filed by each of the petitioner against the orders [all dated 6th May, 2016 of the Estate Officer of the respondent Delhi Development Authority (DDA) under Section 5 of the PP Act] of eviction of W.P.(C) No.8541/2018, W.P.(C) No.8542/2018, W.P.(C) No.8543/2018 & W.P.(C) No.8544/2018 page 2 of 3
each of the petitioner from premises in their respective possession in Khasra No.64/1 min, 65/1 min & 66/1 min near Fire Station, Ashram Chowk, Jag Ram Akhara, New Delhi.
6.
The counsel for the petitioners states that the same orders, as passed in the petitions aforesaid which were listed in the morning, be passed in these petitions also.
7.
The counsel for the respondent DDA appears on advance notice and states that the same submissions as he had made in the morning, be recorded.
8.
The petitions are dismissed as withdrawn in terms of order passed today in W.P.(C) No.8479/2018, W.P.(C) No.8480/2018, W.P.(C) No.8486/2018 and W.P.(C) No.8487/2018. However notwithstanding the same, orders of eviction from which these petitions arise shall be inexecutable till 26th August, 2018.
RAJIV SAHAI ENDLAW, J AUGUST 14, 2018 'pp'
W.P.(C) No.8541/2018, W.P.(C) No.8542/2018, W.P.(C) No.8543/2018 & W.P.(C) No.8544/2018 page 3 of 3