Order of 31.10.2002

Present:

Mr S. Muralidhar, Rukhsana Choudhury & Shreyas for petitioners

Rohit Agarwal for respondent No.2

J M Sabharwal, Sr. Advocate with Sushant Kumar for respondent-DDA

6980/2002

Petitioners in this petition are challenging the action of the resp-DDA for having issued tender notice which according to the petitioners permits unrestricted use of the space/shops in contravention of the land policy objective as well as the principles of equal access to all sections of the community to public space and public property.

Issue notice to respondents to show cause as to why rule nisi be not issued returnable on 20.1.2003.

Mr Rohit Agarwal accepts notice on behalf of resp no.2/UOI. Mr Sushant Kumar accepts notice on behalf of DDA.

Affidavits in reply be filed within four weeks with advance copy to the learned counsel for the petitioners who may file rejoinder thereto within a period of 2 weeks thereafter. List on 20.1.2003.

CM 11853/2002

Petitioners have prayed for an order of restraint against the respondent No.1 from taking any further steps pursuant to the notice dated 12.10.2002 and from finalizing any offers that may have been received by it in response to the said notice.

Having regard to the fact that shops are already constructed and the petitioners have approached at this belated stage we are in this case, not inclined to put any restraint on the resp no.1 so far as the impugned notices are concerned. We have issued show-cause notices in the main petition only to see that in case the petitioners would succeed any direction for future guidance may be issued.

CM stands dismissed.

Acting Chief Justice

A K Sikri