Renu Chadha v. North Mcd & ORS

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 78/2017 RENU CHADHA ..... Petitioner Through Mr.Sarwesh, Advocate.

versus NORTH MCD & ORS ..... Respondents Through Mr.Prabhat Kumar, Advocate for R-1 and R-2.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 06.01.2017 C.M. No.447/2017 (exemption) Exemption is allowed subject to just exceptions. Application disposed of.

W.P.(C) 78/2017 & C.M. No.448/2017 Petitioner is aggrieved by the inaction on the part of the respondent no.1. His submission is that he has made a complaint to respondent no.1 against the illegal construction which was being permitted to respondent no.3. It appears that as a vendetta respondent no.1 had issued a show cause notice (dated 16.12.2016) to the petitioner under Sections 343 and 344 of the DMC Act which is a threat to demolish his property. His submission is that no illegal construction is being carried by him. An affidavit to this effect has been filed by him before respondent no.1. Respondent no.1, however, even thereafter on 23.12.2016 has again sent a notice to the petitioner reminding him that since his property has already been

booked, further action in the matter shall be taken. The imminent threat, the petitioner faces as per him, is that his property will be demolished without any notice to him.

On advance notice, learned counsel for respondent no.1 has put in appearance. His submission is that this property i.e. the property bearing No.AC-61-C, Shalimar Bagh, Shalimar Bagh, New Delhi has been booked and action will be taken strictly in accordance with law and demolition, if any, shall be carried out only after a demolition order is passed and the intimation of the same shall be given to the petitioner. This satisfies the case of the petitioner. No further order is called for in this petition. Petition disposed of.

Order dasti under signatures of the Court Master. INDERMEET KAUR, J JANUARY 06, 2017 ndn