Dismissed

Prof J. P. S. Oberoi v. North Delhi Municipal Corporation and Anr.

Delhi HC7 Feb 2018W.P.(C)/1129/2018

Case brief

AI extract

What is this about?

Petitioner filed a writ petition directing the MCD Appellate Tribunal to dispose of pending appeals regarding a structural engineer's report and sealing premises. Court dismissed the petition as Tribunal was already seized of the matter.

What did the court decide?

Petition dismissed; Tribunal directed to hear parties and dispose of appeals expeditiously.

Prof J. P. S. Oberoi Vs North Delhi Municipal… — Civil Procedure and Limitation | Delhi HC (2018)

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$~36

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 1129/2018

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PROF J. P. S. OBEROI ..... Petitioner Through: Mr. Sanjoy Ghose, Ms. Urvi Mohan and Mr. Rhishabh Jetley, Advs.

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versus

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NORTH DELHI MUNICIPAL CORPORATION AND ANR. ..... Respondents Through: Mr. Rakesh Mittal, Adv. for R1.

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CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO

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O R D E R % 07.02.2018

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CM. No. 4753/2018 (for exemption)

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Exemption allowed subject to all just exceptions.

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Application stands disposed of.

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W.P.(C) 1129/2018

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Present petition has been filed by the petitioner with the following

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prayers:

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“In the present facts and circumstances and in the larger interests of justice this Hon’ble Court may be pleased to:

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a) Issue an appropriate writ, order or direction to the Ld. Appellate MCD Tribunal to make a time bound disposal of the matter of implementation of the Report of the Court appointed Structural Engineer, in appeal number 343 and 385 of 2013;

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b) Direct the sealing of the premises Respondent No.2 which is additional construction and subject of the Structural Engineer’s Report, until such time as

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the validity of the said Report has been considered by the Ld. Appellate Tribunal, in appeal number 343 and 385 of 2013;

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c) Pass such other or further order(s) as may be deemed fit and proper in the facts and circumstances of the present case.”

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Mr. Sanjoy Ghose, learned counsel appearing for the petitioner concedes that two appeals being Appeal nos. 343/2013 and 385/2013 filed by respondent no.2 is pending consideration before the MCD Appellate Tribunal and the petitioner has been allowed limited intervention inasmuch as, he has been allowed to submit documents and file written submissions. It is also represented that the appeals are listed before the Tribunal on February 21, 2018.

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In view of above, this petition is not entertained. Suffice to state, the Tribunal shall hear the parties finally on the next date of hearing or any date immediately thereafter and dispose of the appeals as expeditiously as possible.

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The petition is dismissed.

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V. KAMESWAR RAO, J

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FEBRUARY 07, 2018 /jg

Prof J. P. S. Oberoi v. North Delhi Municipal Corporation and Anr.

Case brief

What is this about?

What did the court decide?

Prof J. P. S. Oberoi v. North Delhi Municipal Corporation and Anr.

Case brief

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What did the court decide?

What the court decided

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