High Court of DelhiW.P.(C)/1206/2018

Rajesh Kumar Rana And ANR. v. North Delhi Municipal Corporation And ORS.

2018-02-27Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1206/2018, CM No. 5031/2018 RAJESH KUMAR RANA AND ANR.

..... Petitioner Through:

Mr. Sheetesh Khanna, Adv. with Mr.

Sushil Taswal, Adv.

versus NORTH DELHI MUNICIPAL CORPORATION AND ORS.

..... Respondent Through:

Mr. Pratap Singh, Adv. with Mr.

Navneet Tripathi, Adv. for R1/NDMC Mr. Chiranjeev Kumar, Adv. with Mr.

Mukesh Sachdeva, Adv. for R-2/UOI

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 27.02.2018 CM No. 5031/2018 Exemption allowed, subject to all just exceptions. Application stands disposed of.

W.P.(C) 1206/2018 The present petition has been filed by the petitioners with the following prayers:- "It is therefore most respectfully prayed that this Hon‟ble Court may be pleased to:

a) issue a writ or direction in nature of Mandamus directing the respondent no.1 & 2 to take action on the complaint of the petitioner dated 28.11.2017 and not permit the respondent No.3 to carry out construction under

the garb of repair/renovation over the roof of IIIrd floor of property bearing no. 1687, Jogdhyan Colony, Bhagirath Palace, Chandni Chowk, Delhi-110006;

b) issue a writ or direction in the nature of Mandamus directing the respondent No.1 and 2 to frame a policy/guidelines to the owners/occupant to carry out repair/renovation in the said area so that no unauthorized construction be carry out under the garb of clause 2.14 of New Unified Building By Laws for Delhi, 2016; c) pass any other/further orders as this Court may fit deem and proper as per facts and circumstances of the case."

Learned counsel for the petitioner states that the petitioner is the owner of the third floor on which the respondent No.3 intends to make construction. It is his submission that construction is sought to be made without any sanction plan and also without the approval of the Heritage Conservation Committee.

Mr. Ahluwalia, who appears for the North DMC states the NDMC has inspected the property and found that no construction is taking place. The said statement is taken on record. In view of the submission made by Mr. Ahluwalia, learned counsel for the petitioner states that it will satisfy the petitioner at present. He wishes to withdraw the writ petition. The same is dismissed as withdrawn.

V. KAMESWAR RAO, J FEBRUARY 27, 2018/ak