New Delhi Municipal Council v. Harsh Vardhan Nayyar & ANR

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 492/2017 NEW DELHI MUNICIPAL COUNCIL ..... Appellant Through:

Mr. Arjun Mitra, Mr. Abhishek Misra and Ms.Jaskaran Kaur, Advs.

versus HARSH VARDHAN NAYYAR & ANR ..... Respondents Through:

Ms. Manmeet Arora, Ms. Samapika Biswal and Mr. Tarang Gupta, Advs. for R-1.

Mr. Anurag Ahluwalia, CGSC for R-2.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 31.01.2018 The Court had by order dated 10.10.2017 called upon the NDMC and L&DO to take appropriate steps to make changes in the policy. Identical amendments through different office orders - dated 15.12.2017 and 29.01.2018 have been issued. Whilst some of the problems have been addressed, the Court notices that all intestate succession to lessees/owners are not covered; likewise, the reference to Class-I and Class-II legal heirs read with Section 8 of Hindu Succession Act, leaves a gap - in the sense that the succession under Section 15 of the Hindu Succession Act to the LPA 492/2017

estate of Hindu females has not been provided for. Likewise, testamentary succession in the case of heirs has also been kept out. The NDMC and L&DO shall take appropriate remedial steps in this regard.

No further orders are called for since the appeal has already been disposed of.

S. RAVINDRA BHAT, J A. K. CHAWLA, J JANUARY 31, 2018 nn LPA 492/2017