Manjit Singh & ANR v. South Delhi Municipal Corporation & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3747/2017 and CM APPL. 16482/2017 MANJIT SINGH & ANR ..... Petitioners Through None.

versus SOUTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through Mr. Kapil Dutta, Adv. for SDMC/R1.

Mr. Saurabh Chadda with Mr. Rohit Bhagat, Advs for R-3.

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 05.12.2017 None appears for the petitioner, though the matter has been again taken up after a pass over.

Instant petition was filed seeking issuance of a Writ of Mandamus, with the prayer, as follows :

"It is, therefore, respectfully prayed that this Hon'ble Court be pleased to issue a Writ of Mandamus directing the Respondents to stop the illegal and unauthorized construction and remove the encroachments on the land which as earmarked as park adjoining to C-123 and behind C-121 and C-122, Hari Nagar Clock Tower, New Delhi -1100064 and issue directions for the said area to be Developed as a Proper Park and any other further Writ or Directions or relief which this Hon'ble court may deem fit be also awarded to the Petitioners against the Respondents in the peculiar facts and circumstances of the case."

In the action taken report, which has come to be taken on record under the cover of the index dated 29.8.2017, it is stated, as follows :

"In compliance of the directions of the Hon'ble High Court order dated 16/05/2017 and as per the available Layout Park of the site, the Horticulture Department/West Zone in association with other respective Departments of West Zone/SDMC has demolished the illegal construction on govt. Land reserved for Public Park, adjoining C-123 (Behind C-121 & C-122), Hari Nagar, clock Tower, New Delhi -110064 on dated 17/05/2017. The site under reference has been completely demolished and nothing has been left behind and the site has now been developed as a Park by the Horticulture Department/West Zone/SDMC (Photograph enclosed)."

To the aforegoing, as said earlier, none has turned up for the petitioner to have any opposition.

In view of the aforegoing, nothing further survives in the petition and is disposed off accordingly alongwith the pending application.

A. K. CHAWLA, J DECEMBER 05, 2017 rc