High Court of DelhiW.P.(C)/522/2017

Hemlata Sharma v. Municipal Corporation Of Delhi & ANR

2017-01-20Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 522/2017 HEMLATA SHARMA ..... Petitioner Through Mr. Sarthak and Me. Hemendra Jailiya, Advs.

versus MUNICIPAL CORPORATION OF DELHI & ANR ..... Respondents Through Ms. Saroj Bidawat, Adv for R-1.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 20.01.2017 Status report has been placed on record by respondent No. 1. The grievance of the petitioner in this petition is about certain illegal and unauthorized construction permitted to respondent No. 2 (Y.S. Rao) on the terrace of DDA flat No. D-214, Narmada Apartments, Alaknanda, New Delhi. In this status report, respondent No. 1 submits that the DDA's policy lays down provision for additional coverage in the shape of barsati/room at the rooftop of the DDA flat. The current site inspection revealed rectification of earlier structure by the owner of the flat (respondent No. 2); no fresh construction has been carried out; submission being that the application filed by respondent No. 2 for regularization is under process; if it is noncompoundable, the same shall be demolished. This statement of respondent No. 1 is taken on record. It is hoped and expected that the same shall be honoured in true letter and spirit.

At this stage, learned counsel for respondent No. 1 informs this Court that a contempt petition had also been preferred by the petitioner on the same submission; his submission was that the coverage has been carried out by the private respondent on the terrace of the said DDA flat but his said representation has not been addressed. The stand of the Corporation has been reiterated which was to the effect that since the regularization application of the private respondent is under process and if the same is not regularized, demolition action will follow had been taken on record. Contempt petition had been disposed of.

This Court is of the view that no further orders are called for on this petition which is disposed of.

INDERMEET KAUR, J JANUARY 20, 2017