High Court of DelhiW.P.(C)/2015/2020

Ms Monica v. S.D.M.C And ORS.

2020-02-24Hon'Ble Mr. Justice Jayant Nath2 pages

$~A-52 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

versus S.D.M.C AND ORS.

..... Respondents Through Mr.Ajjay Aroraa and Mr.Kapil Dutta, Advs. for R-1/SDMC.

Mr.Anand V.Khatri, Adv. for R-3/ SHO.

Mr.Rajiv R.Mishra and Ms.Suruchi Yadav, Advs. for R-5.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 24.02.2020 This writ petition is filed by the petitioner seeking a direction to respondents No.1 and 2 to demolish the unauthorised construction made without any sanctioned plan at Plot No.133, D Block, Freedom Fighter Colony, Neb Sarai, Delhi.

A perusal of the memo of parties shows that complete address of the petitioner is not stated. She (the petitioner) is said to be residing in Tughalakabad Village, Near Shiv Mandir, Delhi. Her house number is not given.

It is noteworthy that demolition is sought of a property which is located far away from the petitioner's residence, i.e. Plot No.D-133, Freedom Fighter Colony, Neb Sarai, Delhi. It was put to the learned counsel for the petitioner as to how the petitioner was interested in the alleged

unauthorised construction in Neb Sarai which at a considerable distance from Tughalakabad, (i.e. where the petitioner stays). The only answer given was that the brother of the petitioner resides in Neb Sarai and when he tried to make some renovation in the same block, and action was taken against him for the same.

In my opinion, there is no reason for this court to exercise his discretion as no personal injury has been caused to the petitioner. At this stage, learned counsel appearing for respondent No.1/SDMC submits that the said property has already been booked on 07.01.2020 for unauthorised construction.

Respondent No.1/ SDMC will continue to deal with the said property as per law. The petition is disposed of. All pending applications, if any, are also disposed of.

JAYANT NATH, J.

FEBRUARY 24, 2020/v