Dhanvesh Kumar Joshi v. North Delhi Municipal Corporation & ORS

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11538/2016, CM Nos. 18530/2017 & 36613/2017 DHANVESH KUMAR JOSHI ..... Petitioner Through:

Mr. Ajay Laroia, Adv.

versus NORTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondent Through:

Mr. Sanjeev Ralli, Adv. with Mr. Atul Verma, Advs. for R-3 & 4

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 15.03.2019 1.

On January 29, 2019, this Court had passed a detail order, last para of which reads as under:- "Recording the above, and since interim order dated 16.05.2017 restraining demolition has been continuing in the petitioner‟s favour, renotify the matter on 15th March, 2019 ; making it clear that this petition shall be disposed of on the said date, which date is being given only to afford respondents Nos. 3 & 4 a fair chance to seek appropriate orders from ATMCD in accordance with law.

Interim order to continue till the next date of hearing." 2.

Mr. Ralli, learned counsel appearing for the respondent Nos.3 and 4 states that the said respondents approached ATMCD and the ATMCD has vide order dated March 12, 2019 granted interim protection in favour of the said respondents.

3.

Learned counsel for the petitioner concedes to the fact that the petitioner is also a party in the appeal filed by respondent Nos.3 and 4 before the ATMCD and I have been informed that that the ATMCD has fixed the date of hearing in the appeal on July 25, 2019. 4.

In view of the aforesaid, this Court is of the view that this writ petition needs to be disposed of, as the parties are before the ATMCD where the demolition order passed by the Nr.DMC against respondent Nos.3 and 4 shall be decided. Ordered accordingly.

CM Nos. 18530/2017 & 36613/2017 Dismissed as infructuous.

V. KAMESWAR RAO, J MARCH 15, 2019/ak