Fida Hussain v. North Delhi Municipal Corporation

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11340/2017, CM No. 46356/2017 FIDA HUSSAIN ..... Petitioner Through:

Mr.Rama Shanker, Adv. with Mr.Saurabh, Adv.

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

Ms.Saroj Bidawat, Adv.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 01.05.2018 CM No. 46356/2017 Exemption allowed, subject to all just exceptions. Application stands disposed of.

W.P.(C) 11340/2017 The present petition has been filed by the petitioner with the following prayers:

"a. Issue a writ of mandamus or any other appropriate writ or order of direction thereby quashing the order dated 23.11.2016 whereby the sanction of construction of mixed use residential

bldg. property No. 1738 situated at Ward No. VI, Bazar Lane, Lal Kuan, Delhi-110006 has been rejected by the respondent; b. Issue a writ of mandamus or any other appropriate writ or direction may kindly be issued thereby directing the respondent to sanction the plan and consider the documents filed by the petitioner in compliance of the objections raised by the respondent;

c. Any other relief which this Hon'ble Court deems fit and proper may kindly be passed in favour of the petitioner and against the respondent".

Ms.Saroj Bidawat, Adv., who appears for the respondent on advance notice, states that the impugned order has been issued as the petitioner had not submitted all the documents required despite reminders. She states, a further reminder / communication shall be sent to the petitioner calling upon him to submit the required documents within two weeks from today and on receipt of the same, the petitioner is required to submit the same online. Learned counsel for the petitioner is agreeable to this submission of Ms. Bidawat. In other words, he states, on receipt of the reminder / communication, the petitioner shall submit the required documents online within four weeks thereafter. If that be so, it goes without saying, on receipt of the same, the respondent shall take a decision on the request of the petitioner for sanction of construction of mixed use residential building in

accordance with the law.

Learned counsel for the petitioner states, that the aforesaid shall satisfy the grievance of the petitioner.

The writ petition along with miscellaneous application stands disposed of in terms of the above.

V. KAMESWAR RAO, J MAY 01, 2018/akb