The Dhaka Gram Vikas Samiti (Regd.) Thr Its President v. North Delhi Municipal Corporation And ORS

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11686/2016, CM No. 46016/2016 THE DHAKA GRAM VIKAS SAMITI (REGD.) THR ITS PRESIDENT ..... Petitioner Through:

Mr. Prashant Sharma, Adv.

versus NORTH DELHI MUNICIPAL CORPORATION AND ORS ..... Respondents Through:

Mr. Rajan Sabharwal, Adv. with Mr. Vineet Panday, Adv. for NDMC Ms. Surabhi Chopra and Mr. Puneet Singh, Advs. for R2 & R3

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 11.01.2018 On the last date of hearing, learned counsel for the petitioner sought an adjournment to bring on record the legal heirs of the respondent No.4. Mr. Rajan Sabharwal, learned counsel for the respondent No.1 / NDMC has drawn my attention to the affidavit filed by NDMC wherein in para 5 the following has been stated:

"5.

That an encroachment removal action was fixed on 03.03.2017 but the action could not be taken due to nonavailability of police force. As such, another action was fixed on 07.03.2017 and during the course of encroachment removal

action all the encroachment exists in the shape of Gurudwara was removed. The copy of letters sent to Police Authorities and photographs showing the encroachment removal action are annexed herewith as Annexure-"B" (colly)."

According to him, it is clear from above that all the encroachment on public land has been removed.

In view of the stand of the respondent NDMC as reiterated by Mr. Rajan Sabharwal, learned counsel for the respondent No.1 / NDMC no further orders are required to be passed in the writ petition. If the petitioner is still aggrieved, he shall be at liberty to seek such remedy as available to it in accordance with law including filing an application for reviving this petition. The writ petition stands disposed of. CM No. 46016/2016 (for stay) Dismissed as infructuous.

V. KAMESWAR RAO, J JANUARY 11, 2018/aky