← Library
High Court of DelhiW.P.(C)/3809/2020

Smt. Kaushalya Sharma v. South Delhi Municipal Corporation & ANR.

2020-06-30Hon'Ble Mr. Justice Najmi Waziri2 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3809/2020 & CM APPL. 13647/2020 SMT. KAUSHALYA SHARMA .....Petitioner Through:

Mr. Rajeshwer K. Gupta, Advocate.

versus SOUTH DELHI MUNICIPAL CORPORATION & ANR.

....Respondents Through:

Mr. Kapil Dutta, Standing Counsel for R-1.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 30.06.2020 The hearing was conducted through video conferencing. CM APPL. 13648/2020 (Exemption)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed-off.

W.P.(C) 3809/2020 & CM APPL. 13647/2020

3. Issue notice. The learned Standing Counsel named above accepts notice on behalf of respondent no. 1.

4. The petitioner is aggrieved by inaction on the part of the respondent Corporation against her complaints apropos illegal construction being carried out in property bearing no. 60-A, Basant Village, New Delhi57. The petitioner contends to be the owner of properties bearing nos. 60 & 60-A, Basant Village, New Delhi-57 and is residing in property no. 60, Basant Village, New Delhi.

5. The learned Standing Counsel for the Corporation submits that there were earlier rounds of litigation in which the owners of the property

bearing no. 60-A, Basant Village, New Delhi-57 were impleaded as parties; however, for the reasons best known to the petitioner, those parties have not been impleaded in this petition. He submits that nevertheless, if there is an illegal construction going-on at the said site, the Corporation shall look into the matter and take appropriate steps as per law.

6. In view of the above, let this writ petition be treated as the petitioner's representation by the Corporation and appropriate action be taken as per law, within a period of two weeks from today, with due intimation to the petitioner, through counsel as well. It will be open to the petitioner to pursue her remedies in law should she still be aggrieved by the action/inaction on the part of the Corporation.

7. The petition, alongwith pending application, stands disposed-off in the above terms.

8. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through e-mail. NAJMI WAZIRI, J JUNE 30, 2020 RW