High Court of DelhiW.P.(C)/4129/2020

Sanjeet Kumar v. The State Of NCT Of Delhi & ORS.

2020-08-19Hon'Ble Mr. Justice Najmi Waziri2 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4129/2020, CM APPL. 14820/2020 & CM APPL. 14821/2020 SANJEET KUMAR ..... Petitioner Through:

Mr. Manjeet Singh, Advocate.

versus THE STATE OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr. T.S. Nanda, Advocate for R-1, R3 and R-4 with SI Uddham, PS Najafgarh.

Mr. Dhanesh Relan, SC for R2/SDMC.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 19.08.2020 The hearing was conducted through video conferencing.

1. Respondent no. 2-South Delhi Municipal Corporation ('SDMC') has taken action apropos the unauthorised construction at the property bearing no. D-343, near Swastik Properties, Indra Park, Najafgarh, New Delhi - 110 043. It has also filed a Status Report to the effect that the notices have been issued to the builder/occupier on 07.07.2020 under section 344 (1) and 343 of the Delhi Municipal Corporation Act, 1957 and that as of 28.07.2020, the property has been demolished. Photographs of the demolition action have been annexed to the Status Report. Work stop notices were also issued on

09.07.2020 under section 344 (2) of the Act to the SHO concerned, with a reminder the following day, on 10.07.2020. The SHO has also been intimated of the action taken and is requested to keep a vigil and ensure that no construction activity is taken-up at the site. Additionally, letters were sent to the Delhi Jal Board and BSES Authorities for purposes of disconnection of water and electricity supply to the aforementioned property in question.

2. The counsel for the petitioner submits that the illegal construction in the immediate neighbourhood is rampant and continues to persist unbridled. That being so, it is expected that the SDMC shall look into the matter and take action as per law.

3. No further orders are required in the petition.

4. The writ petition, along with the pending applications, is disposed-off in terms of the above.

5. It will be open to the builder/occupier to pursue the remedies, as may be available in law.

6. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through e-mail. NAJMI WAZIRI, J AUGUST 19, 2020 AB