Neena Saigal v. North Delhi Municipal Corporation And ORS

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6462/2017 NEENA SAIGAL ..... Petitioner Through:

Mr. Abhishek Kumar Chaudhary and Mr. Kirti Wardhan Sharma, Adv.

versus NORTH DELHI MUNICIPAL CORPORATION AND ORS.

..... Respondents Through:

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 08.01.2018 CM. NO. 888/2018 This application has been listed vide a supplementary list on a mentioning made before Hon'ble the Acting Chief Justice and has been taken up at 5.45 PM.

The present application has been filed by the applicant with the following prayers:

"It is most respectfully prayed to this Hon‟ble Court to kindly be pleased to:

A.

Issue Writ in nature of Mandamus or Direction or Order to Respondents to kindly implead the applicant in the array of the parties as Respondent no.05, as an necessary party, as owner of ground floor in the property situated at 21/1, Ground Floor, Old Rajendra Nagar, New Delhi - 110060; B.

Issue Writ in nature of Mandamus or Direction or

Order to Respondents to kindly grant ad „Interim Stay‟ on eviction and demolition of the applicant‟s premises tomorrow, i.e., 09/01/2018;

C.

Issue Writ in nature of Mandamus or Direction or Order to Respondents to kindly issue an Order to prohibit the Respondents from interfering in the livelihood activity of the Applicant;

D.

Issue Writ in nature of Mandamus or Direction or Order to Respondents to kindly direct the Respondents to consider the Petitioner‟s letters / representations dated 08.01.2018 for regularization / compounding the premises as per the new Act favourably and as they have been bonafide occupant of the house since 15/12/2017; Pass any other or further order (s) as this Hon‟ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice"

Suffice to state, applicant is seeking impleadment and interim stay on demolition of the applicant's premises on January 9, 2018. It is noted that the writ petition was disposed of on July 28, 2017 with following directions: "8. In these circumstances, the present petition and the application are disposed of by directing the respondents not to demolish any portion of the building on the said property that is within the building plans, claimed by the petitioner to have been sanctioned on 30.08.2016 under the Saral Scheme. However, the respondents would be at liberty to demolish such part of the building that is in excess of the said building plans."

In view of the fact that the petition has been disposed of and the aforesaid action is being taken in terms of the above directions, present

application per se is not maintainable.

The application is dismissed.

A copy of this order be given dasti under the Signatures of the Court Master.

V. KAMESWAR RAO, J JANUARY 08, 2018/jg