ORDER :

Rastogi, J.

Civil Appeal @ SLP(Civil) Diary No. 1282/2020

1. Delay condoned.

2. Leave granted.

3. The appellant is primarily aggrieved by an interim order passed by the High Court dated 4th October, 2019 in a writ petition filed at the instance of the 1st respondent pursuant to which the street opened for public use has been restricted on certain terms and conditions which has been referred to in the operative para 17 of the order impugned which is as under:-

“17. However, a balance can always be struck. We, therefore, grant an interim order not in absolute terms as claimed by the petitioner, but as under:

(a) There will be an interim order in terms of prayer clause (d) but the communication/order dated 18th January, 2019 will be in abeyance on the condition that the petitioner do not make any construction and keep the portion which is used as private road open to sky. They would also not make any construction immediately adjacent to or abutting the same;

(b) This private road will be used by the petitioner together with the societies or the buildings' occupiers along with members of public but only before 8.30 pm in the night and after 5.30 am in the morning. Between those hours,