Jiya Rani @ Jiya Joshi v. Delhi Development Authority

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4296/2017 JIYA RANI @ JIYA JOSHI ..... Petitioner Through:

Mr. Harvinder Singh, Advocate with petitioner in person

Versus

DELHI DEVELOPMENT AUTHORITY ..... Respondent Through:

Ms. Shobhna Takiar, Advocate

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 17.05.2017 C.M. 18747/2017 (u/S 151 CPC) Allowed subject to all just exceptions.

W.P.(C) 4296/2017 & C.M. 18746/2017 (for directions) Vide legal notice of 4th November, 2016 (Annexure A-16), respondent-petitioner had sought restoration of lease of subject property. Counsel for petitioner submits that there is no response to the aforesaid legal notice of 4th November, 2016 (Annexure A-16). Upon preliminary hearing, this Court finds that the factual aspects need to be crystallized and for this purpose, respondent is required to respond to the legal notice of 4th November, 2016 (Annexure A-16). Counsel for respondent submits that this petition is hit by delay and laches.

W.P.(C) 4296/2017

Be that as it may. Since the factual aspects are yet to be crystallized, therefore, it is deemed appropriate to dispose of this petition with direction to respondent to respond to the legal notice of 4th November, 2016 (Annexure A-16) within twelve weeks and if need be, opportunity of hearing be given to petitioner. The fate of legal notice be communicated to petitioner within two weeks thereafter. Needless to say that respondent will be well within its rights to examine the delay aspect, but on facts, the stand of petitioner needs to dealt with. With aforesaid directions, this petition and application are disposed of.

(SUNIL GAUR) JUDGE MAY 17, 2017 r W.P.(C) 4296/2017