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High Court of DelhiW.P.(C)/10484/2017

Atul Vatika Developers Pvt. Ltd. v. South Delhi Municipal Corporation

2017-11-27Hon'Ble Mr. Justice A. K. Chawla2 pages

$~35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10484/2017 ATUL VATIKA DEVELOPERS PVT. LTD.

..... Petitioner Through Mr. J.P. Sengh, Sr. Adv. with Mr. B.S. Saini, Ms. Udita Sharma, Ms. Manisha Mehta, Ms. Vaishali Tanwar and Ms. Mrigha Shekhar, Advocates versus SOUTH DELHI MUNICIPAL CORPORATION ..... Respondent Through Mr. Tushar Sannu, Adv. for SDMC

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 27.11.2017 CM APPL. 42911/2017 (Exemption) Exemption allowed, subject to all just exceptions. CM stands disposed off.

W.P.(C) 10484/2017 and CM APPL. 42910/2017 (Stay) During the course of hearing, Mr. Sengh, ld. Senior Counsel for the petitioner submits that he has instructions to not to press the instant petition, with the liberty however, to approach the AT, MCD for the earliest disposal of the appeal.

It is also stated that serious observations have come to be made by the ld. District Judge while hearing the appeal, though, the appeal was not maintainable and that, such observations should not prejudice the mind of AT, MCD while hearing the appeal.

In view of the foregoing, the writ petition is disposed off being not pressed. Petitioner is at liberty to make an application for early disposal of the appeal and it is expected of AT, MCD to dispose off the appeal at the earliest, preferably within six weeks of the making of an application by the petitioner. It is made clear that any observation made by the ld. District Judge shall have no bearing on the pleas of the parties, on merits. Petition and pending application stand disposed off accordingly.

A. K. CHAWLA, J NOVEMBER 27, 2017 nn