Dk Modi v. South Delhi Municipal Corporation And ORS

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 32/2017 DK MODI ..... Appellant Through:

Mr. Anil Sapra, Senior Advocate with Mr. Nilesh, Mr. Sarthak Katyal, Mr. Jaidip Singh, Mr. Kartik Bhardwaj & Ms. Piyusha Singh, Advocates

Versus

SOUTH DELHI MUNICIPAL CORPORATION AND ORS.

..... Respondents Through:

Mr. Ajay Arora, Advocate for respondent No.1-SDMC Mr. Ravi Kumar Aggarwal, Advocate for respondent No.2 Mr. Vijay Gupta, Advocate for respondent No.6

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 21.09.2017 We have considered the impugned order and noticed that some disputes, as to whether the construction was authorized or not and whether there is violation of any bye-laws or any other norms or Court Order, has been left open. In these circumstances, given that constructions were beyond permissible limits and therefore, the permission to let that out, should not have been granted, rather in essence would depend on the final outcome of the proceedings. Having regard to LPA 32/2017 Page 1 of 2

these factors, this Court is of the opinion that the best course would be to request the learned Single Judge to expeditiously dispose of the writ petition with findings, preferably within four months from today. It is however, clarified that all questions urged by the parties, including the grounds of appeal by the appellant, are kept open for consideration on merits.

The appeal is disposed of in above terms.

S. RAVINDRA BHAT, J SUNIL GAUR, J SEPTEMBER 21, 2017 r LPA 32/2017 Page 2 of 2