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High Court of DelhiW.P.(C)/323/2019

Rajkumari Gupta v. South Delhi Municipal Corporation & ORS

2019-01-15Hon'Ble Ms. Justice Rekha Palli2 pages

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 323/2019 & & C.M. No.1531/2019 (for stay) RAJKUMARI GUPTA ..... Petitioner Through:

Mr.Arun Kumar Verma, Adv.

versus SOUTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through:

Mr.Vikrant N. Goyal, Adv. for R-1.

Ms.Mrinalini Sen & Ms.Niharika Jauhari, Advs. for R-4.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 15.01.2019 1.

Vide the present petition, the petitioner seeks a direction to the respondent nos.1 to 4 to demolish the alleged illegal encroachment and unauthorised construction raised by the respondent nos.5 and 6 at O-61 measuring 115 sq. yds. Part of Khasra nos.205, 206 and 207 situated at Al-Noor Masjid, Joga Bai Extension, Jamia Nagar, Okhla, New Delhi.

2.

Learned counsel for the petitioner states that the petitioner had purchased the aforesaid vacant plot from one Shri Javed Alam on 12.10.2018, but soon thereafter the respondent nos.5 and 6 started making illegal constructions on the same without the permission or

knowledge. He states that upon learning about the illegal construction being carried out by respondent nos.5 and 6 the petitioner made a complaint to the respondent no.1, but no action has been taken by the respondent thereon.

3.

After some arguments, learned counsel for the petitioner submits that at this stage, he would be satisfied if the respondent no.1 is directed to consider the petitioner's complaint dated 16.11.2018 and dispose of the same by passing a reasoned and speaking order in a time bound manner. Learned counsel for the respondent no.1, who appears on advance notice, does not oppose the aforesaid limited prayer made by the petitioner.

4.

Accordingly, the writ petition along with the pending application is disposed of, with a direction to the respondent no.1 to consider the petitioner's complaint dated 16.11.2018 and pass a reasoned and speaking order thereon within six weeks. A copy of the said decision will be communicated to the petitioner as also to the learned counsel appearing for the petitioner.

5. Needless to say that in case the petitioner is aggrieved by the decision of the respondent no.1, it will be open for him to take legal recourse as permissible under law.

REKHA PALLI, J JANUARY 15, 2019 gm