Himgiri Cars Pvt Ltd v. D.D.A

ORDER %

17.10.2012 CM No.17451/2012 & CM No.17452/2012 in W.P.fC) No.6607/2012 No.6607/2012 & W.P.(C)No.6608/2012 Page 1 \ / / ; / j , j J CM No.17454/2012 i&CM No. 17455/2012 in W.P.CO No.6608/2012 Allowed, subject to all just exceptions. W.P.ra No. 6607/2012 & CM No.17450/2012 W.P.(C) No. 6608/2012 CM No.17453/2012

¶1Learned senior counsel for petitioners states that subject matter in the above captionedtwo writ petitions is identical. Therefore,the above captioned writ petitions are being heard together.

¶2Show Cause Notice of 18'^ September,2012 (Annexure-A)and order of 28'*^ September,2012 (Annexure-B)of AppellateTribunalof Municipal Corporationof Delhi, New Delhi is assailed in these two writ petitions.

¶3Learned senior counsel appearing for petitioners submits that till respondenttakes a decisionon Show CauseNoticeof 18"^ September, 2012 (Annexure-A), after affording an oppoitunity of hearing to petitioners,no coercivestep,includingdemolition/sealingin respectof property No. 118 (C), SMA CooperativeIndustrial Estate, G.T. Karnal Road, Delhi-33 and also property No. 118 (B), SMA Cooperative Industrial Estate Ltd., Delhi-110033 be taken. It is also submitted by learned senior counsel for petitioners on instructions that the appeal out ofwhichimpugnedorderof28"^ September,2012 (Armexure-B)arises, would be withdrawn within a week.

¶4Notice.

¶5Mr. Rajiv Bansal & Mr. Ajay Verma, Advocates, accept notice of both the above captioned two petitions on behalf of respondent-DDA.

¶6Counsel for respondent-DDA state that petitioners would be certainly heard before any action is taken in pursuance to impugned W.P.(Q No.6607/2012 & W.P.(C)No.6608/2012 Page 2 X" J V ShowCauseNoticeof 18"" September,2012 (Annexure-A).

¶7Learned senior counsel for petitioners states that the respective Authorized Representative of petitioners would be appearing before respondent'sDirector(Lands)on 2"^^ November,2012 at 3:30p.m..

¶8Let the concerned authority afford an effective hearing to Authorized Representatives of petitioners in response to impugned Show Cause Notice of 18^*^ September, 2012 (Annexure-A), with liberty to file supplementary reply, if any within a week.. Till a decisionupon the impugned Show Cause Notice of 18* September, 2012 (Armexure-A) is taken by respondent-DDA, let staus quo, as of today, in respect of subject properties be maintained and outcome thereof be conveyed to petitioners within two weeks thereafter. Needless to say that order of status quo shall prevail even for a week after respondent's decision upon Show Cause Notice of IS'^^ September, 2012 (Annexure-A) is conveyed to petitioners to enable them to avail of the remedy, as.available under the law, if required.

¶9With aforesaid observations, the above captioned two petitions and applications are disposed of, with no order to costs.

¶10Copy of this order be given dasti under the signatures of Court Master to counsel representing both sides. OCTOBER 17, 2012 rs ;UNIL GAUR) JUDGE W.P.[C)No.6607/2012 & W.P.(C]No.6608/2012 Page 3

/ / I /' '.c- $-33 & 34 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6607/2012 I-nMGIRI CARS PVT LTD. Petitioner Through: Mr. T.K. Ganju, Senior Advocate, with Mr. Sudeep Kumar Shrotriya, Mr. Sumit Paliwal & Mr. Utkarsh Dixit, Advocates along with Mr. Bipin' Sharma, Authorised Representative of petitioner-Company versus DELHI DEVELOPMENT AUTHORITY Respondent Through: Mr. Rajiv Bansal, Mi". Rahul Bhandari & Ms. Nitisha Kathuria, Advocates + W.P.(C) 6608/2012 KRISH AUTO MOTORS PVT LTD Petitioner \J'' Through: Mr. T.K. Ganju, Senior Advocate, with Mr. Sudeep Kumar Shrotriya, Mr. Sumit Paliwal & Mr. Utkarsh' Dixit, Advocates along with Mr. Bipin Sharma, Authorised Representative of ^ petitioner-Company versus DELHI DEVELOPMENT AUTHORITY Respondent ' Through: Mr. Ajay Verma & Mr. Amit Mehra, Advocates CORAM: HON'BLE MR. JUSTICE SUNIL GAUR