Parvesh Jain And ORS. v. North Delhi Municipal Corporation And ORS.

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10217/2017 & CM APPL. 41693/2017 PARVESH JAIN AND ORS.

..... Petitioner Through Mr.Virag Kumar Agarwal with Ms.Shalini, Advs.

versus NORTH DELHI MUNICIPAL CORPORATION AND ORS.

..... Respondent Through Mr.Faisal Naseem, Adv for R-1.

Mr.Kushagra Pandey, Adv for GNCTD.

Mr.S.D.Ansari with Mr.I.Ahmed, Advs for R-3.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 09.01.2019 1.

Vide the present petition, the petitioners have sought a direction to the respondent nos.1 & 2 to remove all unauthorised constructions in the common passage existing on public land near 745, Church Mission Road, Opp. Old Delhi Railway Station, Near Fateh Puri Chowk, Delhi- 110006.

2.

The respondent no.1 has filed a status report stating therein that all the unauthorised constructions existing on the aforesaid site stand removed on 02.02.2018. He draws my attention to the site plan Annexure P-8 filed by the petitioner and states that once all the unauthorised constructions on the government land in question as per the site plan had been already cleared on 02.02.2018, nothing further

survives in the present petition.

3.

He further states that the remaining grievance of the petitioners regarding another passage, which is claimed to have been illegally encroached abutting the Church Mission Road as shown on the site plan is not on any public land and the respondent no.1 does not have any role to play in the said encroachment, if any. The aforesaid position is not denied by the learned counsel for the petitioner. 4.

In view of the clear stand taken by the respondent no.1 that the unauthorised constructions on the public land in question already stand removed, the grievance of the petitioner regarding inaction on the part of the respondent nos.1 & 2 does not survive any further. 5.

The petition alongwith pending application is accordingly disposed of, as infructuous.

REKHA PALLI, J JANUARY 09, 2019 sr