MOHD SHABEER vs GOVT. OF NCT AND ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 29.01.2025 W.P.(C) 5517/2015, CM APPL. 9923/2015, CM APPL. 2894/2016 & CM APPL. 19744/2024 MOHD SHABEER .....Petitioner Through: None. versus GOVT. OF NCT AND ORS. .....Respondents Through: None for R-1 to 5. Mr. Nikhil Rohtagi & Mr. Shashank Khurana, Advocates for R-6/DDA. Mr. Pankaj Singh, Mr. Ritik Verma & Mr. Haider Ali, Advocates for Applicants of CM APPL. 19744/ 2024. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. None appears for the Petitioner and Respondent Nos.1 to 5. 2. Learned Counsel for Respondent No.6, at the outset, has raised a preliminary objection to the maintainability of the present Petition. It is submitted that it is undisputed that the Petitioner has passed away in the year 2018 and that the right to sue does not survive as the issue that was raised by the Petitioner in the present Petition was raised by him alleging a violation of his individual rights. 3. Learned Counsel for Respondent No.6 points out that the Petition was not filed in a representative capacity or as a public interest litigation either. 4. Learned Counsel for Respondent No.6 further submits that the