Resident Welfare And Park v. South Delhi Municipal Corporation & ORS

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8526/2016 RESIDENT WELFARE AND PARK ..... Petitioner Through Mr. Saivgeeeta Mohanty and Ms.

Renu Sarma, Advocates versus SOUTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through Mr. Rajan Tyagi, ASC with Mr.

Sukumar Mistri, UDC for R-1 Mr. Rahul Bakshi and Mr. Nishant Sharma, Advocates for R-2 and R-4

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 23.09.2016 Petitioner is aggrieved by the fact that a letter dated 18.07.2016 has been issued by respondent no. 1/ SDMC asking respondent no.5 to submit NOC from the Police and Fire Department for booking of park for holding Ramleela / Dushera function. Contention of Corporation is that earlier letter of respondent no. 1 dated 05.07.2016 clearly states that this park cannot be used for any functions. On advance notice counsel for the respondent has put in appearance. His submission is that this petition is premature as no said permission has been granted to respondent no.5. This Court endorses this submission that this petition is

premise, only on an application which seeks quashing of permission to be granted in future. Admittedly, the permission which is sought by respondent no.5 for booking of park for holding Ramleela or Dushera function has not been granted by respondent no.1. This Court is of the view that this petition is not maintainable. Court cannot pass an order on a contingency qua a situation which has not yet arisen.

Dismissed.

INDERMEET KAUR, J SEPTEMBER 23, 2016 gb