South Patel Nagar 9 Block And Ranjit Nagar Residents Welfare Association v. Union Of India & ORS.

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6602/2024 SOUTH PATEL NAGAR 9 BLOCK AND RANJIT NAGAR RESIDENTS WELFARE ASSOCIATION ..... Petitioner Through:

Mr. Vikrant Chawla, Ms. Arshya Singh and Mr. Siddhant Dutt, Advs.

versus UNION OF INDIA & ORS.

..... Respondents Through:

Ms. Avshreya Pratap Singh Rudy, SPC, Mr. Kanisk Kharbanda, GP and Ms. Usha Jamnal, Adv. for UOI.

Ms. Prabhsahay Kaur, SC and Mr. Bir Inder Singh Gurm, Adv. for R-2/DDA.

Mr. Ashutosh Gupta, ASC along with Mr. Arman Monga, Adv. for MCD.

Mr. Prashant Manchanda, ASC along with Ms. Nancy Shah and Mr. Haridas Medha, Advs. for R-4 and 5.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 09.05.2024

O R D E R

CM APPL.27509/2024 (Exemption) Allowed, subject to all just exceptions.

Application stands disposed of.

W.P.(C) 6602/2024 and CM APPL.27508/2024 (Stay) 1.

The present petition has been filed by the petitioner being aggrieved by the alleged illegal operation of e-libraries, gyms, commercial office in No.9 Block, South Patel Nagar, Ranjit Nagar, New Delhi-110008. 2.

It is submitted that the respondent/MCD is not discharging its statutory responsibility of preventing the use of the premises for the purpose 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 13/05/2024 at 11:53:59

of the aforesaid unauthorized activities.

3.

Reference has been made to the following premises in the writ petition where unauthorized activities are allegedly been carried out: Sr. No.

House No.

Floor Activity Area 01.

9/1 Basement Gym South Patel Nagar 02.

9/6 Basement Gym South Patel Nagar 03.

9/9 Basement Office South Patel Nagar 04.

9/10 Basement E-library South Patel Nagar 05.

Ground Floor E-library Ranjit Nagar 06.

Basement E-library Ranjit Nagar 4.

Learned counsel for MCD, who appears on advance notice submits that the property in question shall be duly inspected within a period of four weeks from today and if any unauthorized activity is found to be carried out or proposed to be carried out and/or any unauthorized construction in the form of deviation qua the sanction plan and/or non-compliance with fire related regulations/byelaws is found, appropriate action in accordance with law shall be taken after following due process of law and after giving notice to the owner/occupier of the property in question. 5.

The above statement by learned counsel for the MCD is taken on record.

6.

In view of the aforesaid, learned counsel for the petitioner does not wish to press the present petition at this stage. The same is accordingly disposed of.

7.

In case, there is any deficiency in the action taken by the MCD, the petitioner shall be at liberty to avail appropriate legal remedies in accordance with law.

MAY 9, 2024/cl SACHIN DATTA, J 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 13/05/2024 at 11:53:59