Nitin Jolly v. Municipal Corporation Of Delhi & ANR.

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5907/2024 NITIN JOLLY ..... Petitioner Through:

Mr. Shashi Pratap Singh, Ms. Urvashi and Ms. Radhika Gupta, Advs.

versus MUNICIPAL CORPORATION OF DELHI & ANR...... Respondents Through:

Mr. Ranjeet Pandey, SC along with Ms. Mansha and Mr. Anurag Rawal, Advs. for R-1 and 2/MCD.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 30.04.2024

O R D E R

CM APPL.24346/2024 (Exemption) Allowed, subject to all just exceptions.

Application stands disposed of.

W.P.(C) 5907/2024 1.

By way of the present petition, the petitioner seeks a direction to the respondent no.1/MCD to consider the petitioner's application for the purpose of sanction of building plan in respect of property bearing no. F-15, Village Basai Darapur, Rajouri Garden, New Delhi admeasuring 383.34 sq. yards. The said property has been carved out of a larger property admeasuring 1150 sq. yards, and has been mutated in the name of the petitioner, in terms of the decree dated 13.03.2012, passed by the court of ADJ-1, Tis Hazari Court, Delhi.

2.

After some hearing, learned counsel for the petitioner and learned 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 02/05/2024 at 12:38:51

counsel for respondent no.1/MCD, who appears on advance notice, are in agreement that the request of the petitioner seeking sanction of building plan qua the property shall be duly considered by the respondent no.1/MCD in the light of the judgment of a Coordinate Bench of this court in Sanjeev Malhotra v. MCD [2022 SCC OnLine Del 1981 : 2022:DHC:2511]. 3.

For the aforesaid purpose, the petitioner shall submit a fresh application seeking sanction of building plans within a period of two weeks. The said application shall be considered by the respondent no.1/MCD within a period of four weeks thereafter, and shall be disposed of under written intimation to the petitioner.

4.

With the aforesaid directions, the present petition stands disposed of. 5.

In case, the petitioner is aggrieved with the outcome of the aforesaid exercise, it shall be at liberty to avail appropriate remedies in accordance with law.

SACHIN DATTA, J APRIL 30, 2024/cl 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 02/05/2024 at 12:38:51