Parkash Singh Gandhi v. Commissioner South Delhi Municipal Corporation & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 531/2018 & CM APPL. 7542/2018 PARKASH SINGH GANDHI ..... Petitioner Through Mr.Sahil Munjal, Adv.

versus COMMISSIONER SOUTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through Mr.Gaurang Kanth, Standing Counsel with Mr.Aman S.Bakhshi and Ms.Aarti Mehta, Advs.

for R-1/ SDMC.

Mr.P.Niroop and Mr.Chandan Kumar, Advs. for R-3.

Mr.Dinesh Priani, Adv. for R-5.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 06.03.2020 This writ petition is filed by the petitioner seeking a direction to respondents No.1 and 2 to demolish the unauthorised construction being carried out by respondents No.3 and 4 above the common terrace of the properties bearing Flats No.4466 and 4468, Sector-B, Pocket-5 & 6, Vasant Kunj, New Delhi.

Respondent No.1/SDMC has filed a status report. In the status report, it has been pointed out that demolition action was taken for the property bearing No.4466, Sector-B, Pocket -5 & 6, Vasant Kunj, New Delhi on 27.03.2019. After demolition action, one RCC Panel on the roof of the terrace of the property was cut down. It is stated that the property is now unusable.

Learned counsel for respondent No.3 submits that whatever unauthorised construction was there, would be completely removed and no unauthorised construction would be carried out subsequently. He also submits that terrace is sealed and respondent No.3 does not have any access to the same for conveniences.

On demolition of the entire unauthorised structures, respondent No.1/SDMC will de-seal the terrace. Temporary de-sealing of the property is permitted to permit the petitioner to carry out necessary demolition. Respondent No.1/SDMC will continue to deal with the said property including Flat No.4462 as per law.

With the above direction the present petition is disposed of. All pending applications, if any, are also disposed of. JAYANT NATH, J.

MARCH 06, 2020/v