Kunal Khatumaria v. State (Gnct Of Delhi) And ORS.
$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1597/2024 KUNAL KHATUMARIA .....Petitioner Through:
Mr. Gaurav Gupta and Ms. Rupal Gupta, Advs.
Versus
STATE (GNCT OF DELHI) AND ORS.
.....Respondents Through:
Mr. Abhinav Garg, Adv. for GNCTD Ms. Richa Dhawan and Mr. Anuj Chaturvedi, SCs. with Ms. Harshita Maheshwari, Adv. for MCD Mr. Roshan Lal Goel and Mr. Bhuvan Goel, Advs. for DDA
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R
% 21.08.2024 1.
None appears on behalf of the petitioner.
2.
The respondent-Corporation has placed on record the Status Report, which reads as under:- "I, Kumar Mahendra, presently posted as Executive Engineer, Karol Bagh Zone, Municipal Corporation of Delhi do hereby solemnly affirm and declare as under:
1. That I am working with the answering Respondent, Municipal Corporation of Delhi. I have been authorized to depose the present affidavit. I, being conversant with the facts of the case, as brought out from the records, am competent to depose the present affidavit, in my official / capacity.
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 23/08/2024 at 11:18:48
2. That this report is being filed by the Respondent Corporation in pursuance of the order dated 05.02.2024.
3. That the property at Shiv Mandir Block No. 6, Dev Nagar, Karol Bagh, New Delhi had been inspected by the area Junior Engineer(Bldg.) along with the petitioner and his counsel on 08.02.2024. The property comprises of ground floor only. Deities are installed in the premises. However, construction in the shape of kiosks without shutters had been found to be in progress at the premises. The construction had been stopped. The Mandir Prabandhak had been requested to remove the said construction.
4. The SHO, P.S. Prasad Nagar, New Delhi has been requested vide no. D/AE(B)/KBZ/2024/207 dated 07.02.2024 to stop the construction and remove the workmen to avoid any further unauthorized construction at the site. The site has been re-inspected by the area Junior Engineer(Bldg.) on 16.02.2024. No further construction has been seen." 3.
In view of the aforesaid, the Court is satisfied that no further directions are required to be passed. The respondent-Corporation has already taken necessary steps to ensure that the further construction is stopped.
4.
The respondent-Corporation is bound by the stand taken in the status report.
5.
Accordingly, the petition stands disposed of in the aforesaid terms. PURUSHAINDRA KUMAR KAURAV, J AUGUST 21, 2024 p'ma 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 23/08/2024 at 11:18:48