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High Court of DelhiW.P.(C)/9684/2016

Sawal Nagar Welfare Association (Regd.) v. The Commissioner South Delhi Municipal Corporation And ORS

2016-10-21Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9684/2016 SANWAL NAGAR WELFARE ASSOCIATION (REGD.) ..... Petitioner Through Mr.Hem C.Vashisht, Advocate.

versus THE COMMISSIONER SOUTH DELHI MUNICIPAL CORPORATION AND ORS ..... Respondents Through Mr.Deepak and Ms.Reema Khorana, Advocates.

Mr.Udit Gupta, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 21.10.2016 C.M. Nos.38737-38/2016 (exemption) Exemption is allowed subject to just exceptions. Applications disposed of.

W.P.(C) 9684/2016 Petitioner is the Sanwal Nagar Welfare Association. His case is that he is an association of scheduled castes community. The members of this community had purchased lands known as Khurd Raipur (now known as Sanwal Nagar). It was developed into a colony known as Sanwal Nagar. This land had been handed over to the respondent Corporation for the purpose of running a school thereafter even after shifting of the school, this land has not been

handed over to the petitioner society.

On advance notice, learned counsel for respondent no.1 has put in appearance. His submission is that as per his instruction, this land has been donated by Mr.Sanwal Dass ji to the MCD in the year 1971. Learned counsel for respondent no.2 submits that they have no role to play in this matter.

On a candid query put to the learned counsel for petitioner as to ownership documents qua the land which he claims to be owned by him his answer is in the negative. He admittedly not filed any documents to show that this land has been purchased by the members of the society as has been pleaded in the writ petition. Be that as it may, the prayer in the writ petition is that the representations made by them be decided in accordance with law by the Corporation. There are three sets of representations; they are dated 05.03.2015, 30.03.2015 and 27.04.2015. The said representations, if not already furnished to respondent no.1, will be furnished to respondent no.1 who shall decide the aforenoted representations within an outer limit of 12 weeks from the receipt of this order.

No further orders are called for in this petition. Petition disposed of.

INDERMEET KAUR, J OCTOBER 21, 2016 ndn