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High Court of DelhiCONT.CAS(C)/136/2019

Residents Welfare Samiti v. South Delhi Municipal Corporation

2024-02-02Hon'Ble Ms. Justice Mini Pushkarna2 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 136/2019 RESIDENTS WELFARE SAMITI ..... Petitioner Through:

Mr. Vidhan Vyash & Mr. Syed Haider Shah, Advs.

versus SOUTH DELHI MUNICIPAL CORPORATION ..... Respondent Through:

None.

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 02.02.2024

O R D E R

1.

The present petition has been filed alleging willful disobedience of the order dated 22nd October, 2018 in W.P.(C) 10872/2018.

nd 2.

Perusal of the order dated 22 October, 2018 shows that the writ petition filed on behalf of the petitioner herein had been disposed of with directions to the respondent to decide the representation of the petitioner by passing a speaking order.

3.

This Court notes that a Status Report has been filed on behalf of Municipal Corporation of Delhi ("MCD"), wherein a speaking order dated th September, 2019 has been attached.

4.

Per contra, learned counsel appearing for the petitioner submits that no action has been taken by the respondent-MCD despite noting in the speaking order that there were unauthorized construction existing in the 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 02/08/2024 at 12:41:42

properties in question.

5.

Since the MCD has already passed a speaking order dated 18th September, 2019 pursuant to the order dated 22nd October, 2018 passed by this Court, the aforesaid order stands complied with by the MCD. 6.

However, if the petitioner is aggrieved by any non-action on the part of the respondent-MCD in not taking any action against the unauthorized construction, the petitioner is at liberty to seek the remedies in accordance with law.

7.

With the aforesaid directions, the present petition is disposed of. MINI PUSHKARNA, J FEBRUARY 2, 2024 ak 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 02/08/2024 at 12:41:42