Capt. Amarjeet Singh Serah v. North Delhi Municipal Corporation & ORS.

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4092/2020 & CM APPL. 14676/2020 CAPT. AMARJEET SINGH SERAH .....Petitioner Through:

Mr. Anuj Kumar Garg, Advocate.

versus NORTH DELHI MUNICIPAL CORPORATION & ORS.

.....Respondents Through:

Ms. Puja Kalra, Advocate for R-1.

Ms. Warisha Farasat, Advocate for R-2 & R-3.

Mr. Vikas Deep, Advocate for R-4.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 10.07.2020 The hearing was conducted through video conferencing. CM APPL. 14675/2020 (Exemption)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed-off.

W.P.(C) 4092/2020 & CM APPL. 14676/2020

3. Issue notice.

4. The learned counsels named above accept notice on behalf of the respondents.

5. The petitioner seeks the following relief:- "a) Direct the Respondent no. 1 and 2 to stop immediately the illegal and unauthorized construction being carried out and raised at the instance of and by

the respondent no. 4 and her associates on the aforesaid premises i.e. B-2, IInd Floor, (Pvt. Flat No. E) Model Town, Delhi-110009 and further demolish and take all coercive action against the illegal unauthorized construction raised till date in the ibid premises and also pass further direction to take action against all the officials, who are responsible for this illegal construction and activity and the persons who also involved in this illegal construction and activity without adopting due process of law...."

6. It is the petitioner's grievance that unauthorized construction is being carried out at the aforesaid premises i.e. B-2, IInd Floor, (Pvt. Flat No. E) Model Town, Delhi-110009 and despite his repeated representations to respondent no. 1- North Delhi Municipal Corporation, no action has been taken.

7. The learned counsel for the Corporation submits that the property has been booked for unauthorized construction on 22.06.2020 and demolition orders were passed on 06.07.2020 giving the parties concerned six days to make amends. In effect, action as per the statute has been initiated.

8. In view of the above, no further orders are required at this stage.

9. Let this petition be treated as the petitioner's representation to respondent no. 1- Corporation and appropriate orders/decision thereon and/or further progress apropos demolition action shall be duly intimated to the petitioner.

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

11. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through e-mail. NAJMI WAZIRI, J JULY 10, 2020/RW