Dlf Universal Ltd & ANR v. Anoop Oberoi & ORS
$~19 LPA No. 432/2017 & C.Ms. 22333-34/2017 DLF UNIVERSAL LTD. & ANR.
..... Appellants Dr. Abhishek Manu Singhavi, learned Senior Advocate with Mrs.
Megha Mishra, Ms. Simran Brar, Mr. Nakul Sachdeva, Mr. Ankit Rajgarhia, Mr. Manu Nain and Mr.
Ishan Gaur, Advocates
Versus
ANOOP OBEROI & ORS.
..... Respondents Mr. Kapil Dutta, Mr. Ajay Arora, Advocates for Respondent No. 2 HON'BLE MR. JUSTICE C.HARI SHANKAR % 09.06.2017 The order impugned in this appeal is of 2nd June, 2017 vide which a Local Commissioner has been appointed to inspect premises in question, as the apprehension of the opposite side is that the completioncum-occupation certificate has been issued while the building is incomplete and is under construction.
Learned Senior counsel for appellants submits that Local Commissioner ought to have been appointed after both the sides were heard.
LPA No.432/2017
On preliminary hearing, we find that impugned order directs the Local Commissioner to put respondent - North Delhi Municipal Corporation to notice about the date of site inspection. Learned counsel for respondent - North Delhi Municipal Corporation submits that till date no notice from the Local Commissioner has been received. In such a situation, we are of the view that appellants ought to file an application before the learned Single Judge for modification of order dated 2nd June, 2017 impugned in this appeal. This appeal and applications are accordingly disposed while giving liberty to appellants to file an appropriate application before the learned Single Judge, while making it clear that we refrain to express any opinion on the merits of the order, lest it may prejudice either side. A copy of this order be given dasti under the signatures of Court Master to counsel for appellants.
C.HARI SHANKAR, J LPA No.432/2017
$~14 W.P.(C) 5259/2017 with C.Ms. 22319-20/2017 PADAMJIT SINGH Mr. Jaimohan and Ms. Nandita Abrol, Advocates versus N.D.M.C & ANR.
..... Respondents Mr. Anil Grover, Standing Counsel with Ms. Kanika Singh and Mr. Jitender Kr. Tripathi, Additional Standing Counsel and Mr. Rishi Vohra and Ms. Noopur Singhal, Advocate for respondent No.1-NDMC HON'BLE MR. JUSTICE C.HARI SHANKAR % 09.06.2017 Impugned cancellation letter is assailed by the petitioner on the ground that no permanent structure has been put by the petitioner at the site and the petitioner has carried out his business at the site in terms of Teh Bazari License since the year 1975 and so the cancellation of Teh Bazari License is unjustified.
It is pointed out by the petitioner's counsel that impugned cancellation gives seven days' time to the petitioner whereas 30 days' time is given to a street vendor in a case where Teh Bazari License is cancelled.
W.P.(C) 5259/2017 Page | 1
Notice.
Learned counsel for respondent accepts notice and seeks time to argue.
List this matter for arguments before the Roster Bench on 4th July, 2017.
C.HARI SHANKAR, J W.P.(C) 5259/2017 Page | 2
$~15 W.P.(CRL) 1781/2017 RAM DEI Mr. Sushil Kr. Jain, Advocate versus STATE (NCT GOVT OF DELHI) & ORS ..... Respondents Mr. Ranbir Singh Kundu, Additional Standing Counsel (Crl) for State Inspector Youdh Bir Singh, SI Anuj & WSI Pooja HON'BLE MR. JUSTICE C.HARI SHANKAR % 09.06.2017 A fresh status report has been filed by the respondent - State which indicates that statement of girl in question has already been recorded under Section 164 Cr.P.C but she is of minor age and is presently in 'Child Care Institution (CCI) - Prayas Home for Girls' and the petitioner is not ready to take the custody of girl child. Learned counsel for petitioner submits that petitioner be atleast given right to meet the girl at the 'Child Care Institution (CCI) - Prayas Home for Girls'. Respondents' counsel submits that there is no opposition to it.
W.P.(Crl.) 1781/2017
In view of the aforesaid submissions, this petition is disposed of while permitting the petitioner to meet her daughter in 'Child Care Institution (CCI) - Prayas Home for Girls' as per the rules and regulations on the days and time as allowed by the said institution. Dasti.
C.HARI SHANKAR, J W.P.(Crl.) 1781/2017
$~1 BAIL APPLN. 1067/2017 ANITA Ms. Kamini Jaiswal, Mr.
Abhimanue Shrestha and Mr.
Jatinderpal Singh, Advocates Mr. Sudhir Naagar, Advocate for complainant
Versus
STATE GOVT OF NCT OF DELHI ..... Respondent Ms. Kusum Dhalla, Additional Public Prosecutor SI Hawa Singh, Police Station - Madhur Vihar % 09.06.2017 Crl.M.A.9471/2017 (u/S 482 Cr.P.C.) Allowed subject to all just exceptions.
CRL. M. (BAIL) 1053/2017 In this application, regular bail is sought by petitioner. To have a clear picture of the case, let the charge-sheet be filed within two weeks. Liberty is granted to the petitioner to come up with a concrete proposal and seek preponement of hearing of this application. List before the Roster Bench on 05th July, 2017.
$~2 BAIL APPLN. 2540/2016 SANJAY MAHALWAL Mr. Jitender Tyagi and Mr. Sohit Choudhary, Advocates versus STATE OF NCT OF DELHI ..... Respondent Dr. M.P. Singh, Additional Public Prosecutor for State with WSI Nitesh, Police Station - Saket % 05.06.2017 Crl.M.A.9926/2017 (u/S 482 Cr.P.C.) Allowed subject to all just exceptions.
BAIL APPLN. 2540/2016 & CRL. M. (BAIL) 1091/2017 & C.M. 6599/2017 Notice.
Learned Additional Public Prosecutor for respondent-State accepts notice and seeks time to file status report.
At request, list on 21st June, 2017.
JUNE 05, 2017 Page | 1
$~3 BAIL APPLN. 1119/2017 BRAHAM SINGH Mr. K.K. Manan, Senior Advocate with Mr. Ankush Narang and Mr. Nishant Rana, Advocates versus STATE (THE NCT OF DELHI) ..... Respondent Dr. M.P. Singh, Additional Public Prosecutor for State with Inspector Satish Kumar, Police Station Alipur Mr. Mukesh Gupta, Mr. Shashi Gupta, Mr. Praveer Singh and Mr. Rohit Balyan, Advocates for complainant % 09.06.2017 CRL. M. A. 9897/2017 Allowed subject to all just exceptions.
BAIL APPLN. 1119/2017 & CRL. M.A. 9898/2017 (u/S 482 Cr.P.C.) Notice.
Learned Additional Public Prosecutor for respondent-State accepts notice and seeks time to file status report.
At request, list on 14th June, 2017.