Pooja Kumar v. Dda And Others

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5072/2024 & CM APPL. 28330/2025 POOJA KUMAR .....Petitioner Through:

Mr. Arjit Benjamin, Mr. Harsh Sharma, Ms. Vaibhavi Sharma and Mr. Lakshya Parasher, Advs.

M: 9871169856 versus DDA AND OTHERS .....Respondents Through:

Mr. Anish Dhingra and Mr. Nakul Ahuja, Advs. for DDA (Through VC) Mr. Pritish Sabharwal, Adv. for MCD M: 9871878690 Email: pritishsabharwal1@gmail.com Mr. Shiv Chopra, Mr. Shravan Pandey, Ms. Surbhi Arora and Mr.

Siddharth Arora, Advs. for R-3 and 4

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 09.05.2025

O R D E R

CM APPL. 28330/2025 1.

The present application has been filed under Section 152, read with Section 151 of the Code of Civil Procedure, 1908 ("CPC"), for correction in th the order dated 30 April, 2025, passed by this Court.

2.

Learned counsel appearing for the petitioner submits that the present petition had been filed for taking immediate action against the illegal construction undertaken by respondent nos. 3 and 4, at their property bearing No. C-6/6503, Vasant Kunj, New Delhi-110070. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 19:15:13

3.

It is submitted that on account of a typographical error, the address of the property forming part of the present petition has been incorrectly mentioned as C6/6504, Vasant Kunj, New Delhi, which is actually the address of the petitioners. Thus, the present application has been filed for correction of the said typographical error.

4.

Issue notice. Notice is accepted by learned counsels appearing for the respondents.

5.

Considering the submissions made before this Court, it is directed that the paragraphs 1, 7 and 8 of order dated 30th April, 2025, shall read as follows:

"xxx xxx xxx

1. The present writ petition has been filed seeking orders, thereby, directing the respondent nos. 1 and 2, to take immediate action against the illegal and unauthorized construction undertaken by the respondent nos. 3 and 4, at the property bearing no. C6/6503, Vasant Kunj, New Delhi-110070.

xxx xxx xxx 7.

A perusal of the aforesaid order, clearly reveals that the learned ATMCD, has already stayed the operation of the Demolition Order dated 12th April, 2024 qua the property, i.e., property bearing no. C6/6503, Vasant Kunj, New Delhi.

8. Accordingly, it is directed that the MCD shall take requisite action against the said unauthorized construction/deviations, as noted above, if any, in property bearing no. C6/6503, Vasant Kunj, New Delhi, subject to the outcome of the appeal filed before the learned ATMCD. xxx xxx xxx"

6.

Accordingly, with the aforesaid clarification and correction, the present application is accordingly, allowed, and disposed of. MINI PUSHKARNA, J MAY 9, 2025/kr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 19:15:13