AJUDHIA NATH TALWAR v. MUNICIPAL CORPORATION OF DELHI
1999-05-28
MUKUL MUDGAL
body1999
DigiLaw.ai
MUKULMUDUAL ( 1 ) LEARNED counsel for the respondent states that as per the Amnesty Scheme the excess construction within the permissible limits can be regularized if there is an affidavit to the effect that no litigation in respect of said subject matter is pending in this Court. She further states very fairly that if this writ petition is withdrawn and an affidavit to that effect is filed the respondent shall process the application of the petitioner in accordance with the said Amnesty Scheme. Learned counsel for the petitioner states that there is a Suit bearing No. 1841/95 which is pending in this Court in respect of specific performance of the first floor of the premises. It is made clear that the pendency of that suit does not have any connection with the Amnesty Scheme and the processing of the petitioner s application for regularisation shall go on regardless of the pendency of the suit. In case the petitioner s construction is not regularized a fresh notice shall be issued and the petitioner will be at liberty to assail the said notice in accordance with law. ( 2 ) LEARNED counsel for the respondent has stated that while the petitioner s application is being processed no coercive measures of any kind will be taken against the. petitioner s property. ( 3 ) THE writ petition is accordingly disposed of.