Fareed Ul Haque v. South Delhi Municipal Corporation And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 774/2016 FAREED UL HAQUE ..... Petitioner Through:

Mr.Binay K.Das with Ms.Priyanka Das, Advs.

versus SOUTH DELHI MUNICIPAL CORPORATION AND ORS ..... Respondent Through:

Ms.Mini Pushkarna with Ms.Anushruti, Ms.Namrata and Ms.Vasundhara Nayyar, Advs. for SDMC; Mr.Anuj Aggarwal, ASC for R-2; Mr.M.H. Usmani, Adv. for R-3;

Insp.Anand Yadav, P.S./Jamia Nagar.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 29.08.2016 1.

This petition by way of public interest litigation has been filed alleging inaction on the part of the respondents in taking the necesary steps for removal of the unauthorized construction over property No.23 situated in Joga Bai, Jamia Nagar, New Delhi.

2.

By order dated 16.03.2016 we have directed the South Delhi Municipal Corporation to get instructions.

3.

In compliance with the same, an action taken report has been filed on behalf of the SDMC explaining the steps that have already been taken for the demolition of the construction. With regard to the basement and first floor of the premises in question, it is further stated as under: W.P.(C) 774/2016

"The occupier of basement and ground floor has filed appeal before ATMCD, Appeal No.193/2015, Dal Chand Vs. SDMC.

By order dated 01.06.2015, ATMCD has granted stay in favour of the occupier."

4.

In the light of the Action Taken Report, no further directions are necessary and the writ petition is accordingly disposed of. CHIEF JUSTICE SANGITA DHINGRA SEHGAL, J AUGUST 29, 2016/pmc W.P.(C) 774/2016