SUPER RESTAURANT PRIVATE LIMITED Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) One Mr.Kailash Gahlot, a resident of Vasant Kunj filed Petition under Article 226 of the Constitution of India in this Court being CWP No.3100 of 2001 which was treated as Public Interest Litigation In this Petition Mr. Gahlot stated that in vasant Kunj a commercial complex which was situated adjacent to the residential block being pocket c-6 and C-7 was under construction. The complex and the residential block shared a common boundary wall as per the sanctioned lay out/development Plan prepared/passed by the Delhi Development Authority (hereinafter referred to as DDA, for short). But contrary to the Development Plan the main boundary wall supporting the residential block and commercial complex i.e. the local shopping centre, had been Illegally demolished/broken by the builder/promoter of the commercial complex. As a result of this, it was further alleged, that it had created a security risk to the residents of the residential colony. After issuing notice to Municipal Corporation of Delhi, (hereinafter referred to as MCD , for short) and Delhi Development Authority (hereinafter referred to as DDA, for short) who Mere arrayed as respondents and after hearing the parties this Writ Petition was disposed of by Order dated 10th July, 2001 by a Division Bench of this Court directing as under;-

(2.) However, the matter has not rested here. This Order itself has given rise to further litigation which is prompted by Super Restaurant Pvt. Ltd. (petitioner in cwp. No.6425/2001) who had purchased a plot in auction at local shopping centre. The Super Restaurant has filed on CM.11004/2001 in CWP No.3100/2001 Making recalling of afore-mentioned Order dated 10th July, 2001 under Order I Rule 10 of the Code of Civil procedure for impleadment, if necessary, as a party to the Writ petition.

(3.) M/s.Super Restaurant has also filed a substantive Writ Petition being 6425 of 2001.