Choudhary Jagmal Singh v. M.C.D (South) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12121/2015 & CM No.32216/2015 (directions) CHOUDHARY JAGMAL SINGH ..... Petitioner Through:

Mr. Kamran Malik, Adv.

Versus

M.C.D (SOUTH) & ORS ..... Respondents Through:

Mr. Mukesh Gupta, Standing Counsel for R-1/SDMC.

Mr. Sanjoy Ghose with Mr. Vikramaditya & Ms. Pratishtha Vij, Advs. for R-2.

SI Janak Singh, P.S. N.F. Colony.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 08.07.2016 1.

The delay in completion of the Multi-Level Underground Car Parking at New Friends Colony and the alleged inaction on the part of the respondent Nos.1 and 2 in removing the encroachments over the land in question is sought to be espoused in this petition filed by way of Public Interest Litigation.

2.

A status report has been filed on behalf of the South Delhi Municipal Corporation/respondent No.1 stating that apart from CS No.394/2015 titled Dayanand & Ors. v. MCD pending on the file of Senior Civil Judge-cumRC (South-East), District Courts Saket in which an order of status quo was in operation till 17.03.2016, the local residents have also filed W.P.(C)

No.1473/2016 titled Manoj Kumar & Ors. v. Union of India in this court with a prayer to quash the acquisition proceedings and that by order dated 22.02.2016 this court directed to maintain status quo and the same is still in force.

3.

In view of the pendency of the said writ petition before this court in which an interim order of status quo has been in operation, we decline to express any opinion on merits of the case. Accordingly, the writ petition is disposed of granting liberty to the petitioner to move an appropriate application in W.P.(C) No.1473/2016 for impleadment and necessary directions, if so advised.

CHIEF JUSTICE SANGITA DHINGRA SEHGAL, J JULY 08, 2016 kks