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2025 DAILYLAW 42884 (DEL)

DELHI RIDING CLUB v. LAND AND DEVELOPMENT OFFICE AND ORS

LPA/1155/2024 · 2025-01-27

Devendra Kumar Upadhyaya, Tushar Rao Gedela

body2025

Judgment text

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$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 1155/2024 DELHI RIDING CLUB .....Appellant Through: Mr. Ratnesh Bansal, Advocate versus LAND AND DEVELOPMENT OFFICE AND ORS .....Respondents Through: Ms. Pratima N. Lakra, CGSC with Mr. Chandan Prajapati, Mr. Kashish G. Baweja, Advocates for R-1/LDO CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R % 11.02.2025 CM APPL. 8065/2025 (exemption) 1. Exemption allowed, subject to all just exceptions. 2. The application stands disposed of. CM APPL. 8064/2025 3. Heard the learned counsel for the parties. 4. This is an application filed by the applicant/appellant for extending the time of protection provided vide order dated 27.01.2025. 5. The writ petition filed by the applicant/appellant was permitted to be withdrawn with the liberty to the applicant/appellant to institute an appropriate suit before the court of competent civil jurisdiction. 6. While granting liberty to the applicant/appellant, the Court provided that the interim order granted by this Court on 03.12.2024 shall continue to This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/02/2025 at 12:08:07 operate for a period of three weeks. 7. It has been stated by the learned counsel for the applicant/appellant that for instituting a suit, the applicant/appellant is required to give a notice under Section 80 of the Code of Civil Procedure, 1908 (hereinafter referred to as 8CPC9) as also under Section 385 of the New Delhi Municipal Corporation Act, 1994, (hereinafter referred to as 8NDMC Act9). 8. In this view, it is submitted that the interim protection granted by means of the order dated 27.01.2025 may be extended till 15.04.2025. 9. Learned counsel representing the respondents, however, states that under sub-section (2) of Section 80 of CPC, exemption can be sought by the applicant/appellant in case, he intends to institute a suit. 10. Section 385 of the NDMC Act requires giving two months9 notice for institution of any suit. Accordingly, having regard to the requirement of giving notice of two months, we provide that the interim protection granted to the applicant/appellant by means of the order dated 27.01.2025 shall continue to operate till 15.04.2025. 11. The present application stands disposed of in the aforesaid terms. DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J FEBRUARY 11, 2025/j This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/02/2025 at 12:08:07