Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6933 of 2018 Petitioner :- Kumayun Mandal Vikas Nigam Respondent :- New Okhala Industrial Development Authority And 3 Others Counsel for Petitioner :- Shikher Trivedi Counsel for Respondent :- Kaushalendra Nath Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Kunwar Sushant Prakash, learned counsel for the petitioner and Shri Kaushalendra Nath Singh, learned counsel for the first respondent.
In view of the order, which is proposed to be passed, notices need not go to the private respondent.
The petitioner has approached this Court with the request to ask the court concerned i.e. Additional District Judge, SC/ST Act-2, Gautam Budh Nagar to expedite the proceedings of Civil Appeal No.52 of 2016 (NOIDA vs. Bhagwan Das and others).
Record in question reflects that the land in question was originally owned by the second to fourth respondents, who preferred a suit for permanent injunction bearing O.S. no.248/2000 before the Court of Civil Judge (Junior Division)- 1, Gautam Budh Nagar. The same was decided by judgement and order dated 12.07.2012 in favour of plaintiffs.
Learned counsel for the petitioner states that admittedly the said order has been assailed by the NOIDA Authority by preferring Civil Appeal no.52/2016 and as the petitioner is original allottee of the suit property, he is requesting for expeditious disposal of the same.
Shri Kaushalendra Nath Singh, learned counsel for the contesting respondent also supports the claim set up by the petitioner and submits that he has no objection in case the proceedings of aforesaid appeal is expedited.
The Hon'ble Supreme Court in M/s Shiv Cotex Versus Tirgun Auto Plast P. Ltd and others, 2011 (89) ALR 232, has made the following observations:-
" It is high time that courts become sensitive to delays in justice delivery system and realize that adjournments do dent the efficacy of judicial process and if this menace is not controlled adequately, the litigant public may lose faith in the system sooner than later. The Courts, particularly Trial Courts, must ensure that on every date of hearing, effective progress takes place in the suit."
Considering the above, this petition stands disposed of with the direction upon the Court concerned to expedite the proceeding of pending Appeal and conclude the same, in accordance with law, as expeditiously as possible and preferably within one year from the date of production of certified copy of this order, without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 18.9.2018 A. Pandey