Shiv Mandir Dharamshala Rajputan Gomel Kshatriya Parbhandak Committee v. North Delhi Municipal Corporation

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4686/2020 SHIV MANDIR DHARAMSHALA RAJPUTAN GOMEL KSHATRIYA PRABHANDAK COMMITTEE .....Petitioner Through:

Mr Abhishek Gupta Advocate.

versus NORTH DELHI MUNICIPAL CORPORATION ..... Respondents Through:

Mr Mukesh Gupta and Mr Mayank Ahuja Advocates for North DMC.

.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 29.07.2020 The hearing was conducted through video conferencing. CM APPL. 16857/2020 (Exemption)

1. Allowed subject to all just exceptions. The application stands disposed off.

CM 16858/2020 (Exemption from court fee)

2. Exemption allowed, subject to the condition that the applicant/petitioner will file the duly sworn/attested affidavit and the requisite Court fee within 72 hours from the date of resumption of the regular functioning of this Court.

3. The application stands disposed-off.

W.P.(C) 4686/2020 & CM 16856/2020 (Interim directions)

4. Issue notice.

5. Mr Mukesh Gupta, the learned counsel accepts notice on behalf of North Delhi Municipal Corporation („NDMC‟).

6. At request of the learned counsel for the parties, the petition is taken up for disposal.

7. The petitioner has approached this Court seeking the following relief(s):

"a) Issue a writ, order of direction in the nature of mandamus thereby directing the respondent - North Delhi Municipal Corporation to file a status/action taken report with respect to the nature and extent of dangerous & ruinous condition existing as on date in Property Nos. 2867-A, 2868, 2869 & 2870, Main Bazar, Subzi Mandi, Delhi-110007;

b) issue a writ, order or direction in the nature of mandamus thereby directing the respondent - North Delhi Municipal Corporation to initiate appropriate action in accordance with law against the dangerous and ruinous condition existing as on date in Property Nos. 2867-A, 2868, 2869 & 2870, Main Bazar, Subzi Mandi, +-Delhi-110007.."

8. The petitioner is aggrieved on account of inaction on the part of the respondent-Corporation apropos the aforementioned building/ property, which is stated to be in a dangerous and precarious condition.

9. The learned counsel for the Corporation submits that appropriate action has been initiated apropos the said building and corrective measures shall be taken as per law. The petitioner shall be kept informed about the progress in the matter from time to time.

10. In view of above, the petition, alongwith pending application, is

disposed-off.

11. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through email. NAJMI WAZIRI, J JULY 29, 2020/rd