Gopiram v. The Commissioner North Delhi Municipal Corporation And ANR

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10017/2015 GOPIRAM ..... Petitioner Through Mr. Gurmehar S. Sistani and Ms.

Dezy Gaur, Advs.

versus THE COMMISSIONER NORTH DELHI MUNICIPAL CORPORATION AND ANR ..... Respondents Through Mr. Kapil Dutta, proxy counsel for R-1.

Mr. Kirti Uppal, Sr. Adv. with Mr.

Safar Abbas and Mr.

Sidharth Chopra, Advs. for R-2.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 04.08.2016 The prayer made in the present petition is that inspite of demolition order having been passed qua the property of respondent No. 2, the mobile tower still continues to exist on that property of respondent No. 2. Learned senior counsel appearing for private respondent (respondent No. 2) has entered appearance. He informs this Court that he has approached the appellate body of the Corporation and the ATMCD vide its order dated 27.04.2016 had directed status quo of the aforenoted property to be maintained till further orders. It is stated that the matter is yet pending before the ATMCD.

In this view of the matter, learned counsel for the petitioner seeks permission of this Court to withdraw this petition. At this stage, learned senior counsel for respondent No. 2 points out that the first order passed by this Court on 20.10.2015 had directed that the house of the petitioner should also be inspected to find out any deviation in that property; house number of the property is bearing No. 65, Old Market, Timar Pur. Status report has been filed by the Corporation qua the property of the petitioner wherein it has been stated that property No. 65, Old Market, Timar Pur has been inspected and this is a jhuggi and part of jhuggi cluster adjoining property No. 64; the same is protected by Delhi Laws (Special Provisions) Act till 31.12.2017.

In view of the aforenoted factual position which has been emanated, nothing survives in this petition. It is disposed of accordingly.

INDERMEET KAUR, J AUGUST 04, 2016