NAND KISHORE Vs. MCD

JUDGEMENT

(1.) THE present petition is filed by the petitioners praying inter alia for quashing and setting aside the order dated 30.12.2011 passed by the Deputy Commissioner, Land & Estate Department, MCD, whereunder they have been called upon to immediately vacate the subject land situated at Pushpa Market, Lajpat Nagar, Delhi, and to handover peaceful possession thereof to the respondent/MCD within a period of three days from the date of issuance of the aforesaid order, with a further warning issued to them that in case they fail to do so, the respondent/MCD shall retrieve the said piece of land from them.

(2.) ON the last date of hearing, counsel for the respondents/MCD had drawn the attention of this Court to an order passed by a Division Bench of this Court in an earlier round of litigation between the petitioners and the respondent/MCD in two connected appeals, registered as LPAs No.171-172/2010 entitled "Nand Kishore & Ors. vs. Municipal Corporation of Delhi & Ors." disposing of the appeals vide order dated 07.07.2010 on the following terms :-

(3.) IN view of the aforesaid statement made by the counsel for the respondent/MCD, the present writ petition is disposed of, while setting aside the impugned order dated 30.12.2011. It is directed that the decision that may be taken by the competent authority of the respondent/MCD after granting a hearing to the petitioners, shall be intimated to them at their addresses as given in the memo of parties. It is further directed that in case the order that may be passed by the competent authority of the respondent/MCD is adverse to the petitioners, the same shall not be given effect for a period of three weeks from the date of passing thereof. Further, if the said order is adverse to the petitioners and they are aggrieved therefrom, they shall be entitled to seek their remedies as per law.