Sangeeta Malik v. Municipal Corporation Of Delhi & ORS.

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 868/2024 SANGEETA MALIK ..... Petitioner Through:

Mr. Sumit Bansal, Mr. Udaibir Singh Kochar, Mr. Utsav Garg and Ms.

Tulnarampal, Advs.

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

Mr. Tushar Sannu, Standing Counsel alongwith Mr. Manoviraj Singh, Adv.

for MCD.

Mr.

Manish Sharma and Mr.

AkshitNavaney, Advs. for R-3 and 4.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 23.01.2024

O R D E R

CM APPL. 3639/2024 (Exemption from filing legible, clear, typed and original documents) Allowed, subject to all just exceptions.

The application stands disposed of.

W.P.(C) 868/2024 & CM APPL.3638/2024 (stay) 1.

The present petition assails the action on the part of MCD in sanctioning a building plan and permitting the construction of a building on an area of 175 sq. yards out of a total plot of 500 sq. yards in property bearing No.B-219, Greater Kailash-I, New Delhi, as being illegal and contrary to the provisions of the Master Plan of Delhi 2021 (MPD-2021) and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/06/2024 at 12:22:28

the Unified Building Bye-laws for Delhi, 2016. 2.

Mr. Manish Sharma, who appears on advance notice on behalf of the respondent nos. 3 and 4, submits that the aforesaid sanction plan granted by the respondent no.1/MCD in respect of the aforesaid portion of the property stands revoked vide order dated 18.01.2024 and a notice under Section 343 and 344 of the Delhi Municipal Corporation Act, 1957 has been pasted on the subject property on 22.01.2024.

3.

Learned counsel for the petitioner submits that in view of the aforesaid, the prayers made in the present petition do not survive. Accordingly, the present writ petition, alongwith the pending application, is disposed of.

4.

Needless to say, the MCD shall duly comply with the statutory provisions, and give an opportunity of hearing to the respondent nos. 3 and 4 prior to taking any action in respect of the existing construction in the aforesaid property bearing No.B-219, Greater Kailash-I, New Delhi. SACHIN DATTA, J JANUARY 23, 2024/r The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/06/2024 at 12:22:28