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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

W.P.(C) 3269/2014, CM APPL. 19128/2017 & CM APPL.

47336/2021

R K KAPOOR, ADVOCATE

..... Petitioner

Through:

Mr. R. K. Kapoor, Ms. Diksha Gulati

and Ms. Shweta Kapoor, Advocates.

versus

THE HIGH COURT OF DELHI & ORS.

..... Respondents

Through:

Ms. Padma Priya with Mr. Karan

Bhootra, Advocates for R-1.

Mr. Anurag Ahluwalia, CGSC with Mr.

Abhigyan Siddhant, Advocate for UOI.

Mr. Rishikesh Kumar, ASC for GNCTD

with Ms. Sheenu Priya, Mr. Atik Gill

and Mr. Sudhir, Advocates.

Ms. Shahana Farah with Ms. Sanna

Harta, Advocates for DDA.

SI Bimal Kumar, Tilak Marg Circle and

SI Joginder Singh, Parvi Officer, Traffic.

Ms. Sonia A. Menon with Ms. Vanita

Chauhan, Advocates.

Ms. Richa Dhawan, standing counsel for

MCD

with

Mr.

Anuj

Chaturvedi,

Advocate.

Mr. S. K. Singh, AE for PWD

% Date of Decision: 29^th January, 2024

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

J U D G M E N T(ORAL)

Digitally Signed

By:Rashmi Dabas

Signing Date:30.01.2024

18:54:15

Signature Not Verified

1.

In compliance with the order passed by this Court on 7^th November,

2023, the Registrar General of this Court had convened meetings with the

concerned officers of Land and Development Office (‘L&DO’), Delhi

Development Authority (‘DDA’), Municipal Corporation of Delhi (‘MCD’)

and the Department of Law, Justice and Legislative Affairs, Government of

National Capital Territory of Delhi, on 23^rd November, 2023 and 1^st

December, 2023. An affidavit dated 14^th December, 2023 alongwith the

minutes of the said meetings has been placed on record.

2.

Pursuant to the aforesaid meetings, the L&DO has issued a letter

dated 18^th January, 2024, to MCD inviting a proposal for allotment of

Tikona Park on the terms and conditions mentioned therein. The letter also

records that L&DO has identified 04 acres of land which can be transferred

to DDA for maintaining as a green area, in lieu of change of the land use of

Tikona Park. The aforesaid steps are proposed to enable change of the

existing land use of Tikona Park from ‘green area’ to ‘parking’. The said

letter has been handed over by the learned counsel for L& DO and the same

is taken on record.

3.

Upon a perusal of the minutes of meetings dated 23^rd November,

2023, 1^st December, 2023 and the proposal of L&DO dated 18^th January,

2024, this Court deems it appropriate to direct MCD to take appropriate

steps within twelve (12) weeks for conversion of the user of Tikona Park

area to ‘parking’ in accordance with law. The L&DO and DDA are directed

to act expeditiously upon receipt of the appropriate request from MCD.

4.

It is pertinent to mention that this writ petition was initially filed in

the year 2014 for filling up the vacancies in Delhi Judicial Service as they

existed on 18^thFebruary, 2014. The said relief at prayer ‘a’ does not survive

Digitally Signed

By:Rashmi Dabas

Signing Date:30.01.2024

18:54:15

Signature Not Verified

for consideration as appropriate steps in this regard have been taken and by

this year end the working strength shall be nearly at par with the sanctioned

strength.

5.

Similarly, with respect to prayers ‘b’and ‘c’, which seeks a direction

for taking steps for creation of infrastructure and financial support from the

State Government and the Union of India, several steps have been taken

between the year 2014 to 2022 in consequence to directions issued in this

writ petition. Presently, the issue of infrastructure development for Courts in

Delhi is under consideration before Supreme Court in Civil Appeal No.

1867/2006, titled as ‘Malik Mazhar Sultan vs. U.P. Public Service

Commission’. Therefore, the circumstances in which the present petition

was initially filed in the year 2014 have ceased to exist. Accordingly, no

further directions are called for with respect to development of infrastructur