Daljeet Singh v. North Delhi Municipal Corporation And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7451/2019 and CM APPL. No. 31035/2019 DALJEET SINGH ..... Petitioner Through Mr. Tribindh Kumar, Adv. with the petitioner-in-person.

versus NORTH DELHI MUNICIPAL CORPORATION AND ORS.

..... Respondents Through Mr.Vrendra Singh, Adv. for Ms.Puja Kalra, SC for NDMC.

Mr.Abhinav Sharma, Adv. for R-2.

Mr.Nityanand Singh and Mr.Durgesh Singh, Advs. for R-3 and 4 with respondent No. 3 and 4-inpreson.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 15.01.2020 1.

This writ petition is filed by the petitioner seeking a direction to respondents No. 1 and 2 to stop the unauthorised and illegal construction on property No. 227, Baba Farid Puri, West Patel Nagar, New Delhi. 2.

Respondent No. 1 has filed a status report. However, the Registry has wrongly placed on record an affidavit filed by North DMC in W.P. (C) No. 11015/2019 titled as "Darshan Gupta & Anr. vs. North DMC & Ors.". Hence, affidavit of a different case has been placed on record by the Registry. The Registry may remove the said affidavit and put the said affidavit in the correct file.

3.

A copy of the status report has been handed over in court by the learned counsel for respondent No. 1. As per the status report, the property in question was inspected on 14.06.2019 and was found to be comprising ground floor, first floor, second floor and third floor. The construction is without prior sanction of the respondent. An action has been initiated under Section 343 of the DMC Act. A demolition order was also passed on 24.06.2019. Work stop notice was also issued under Section 344 (2) of the DMC Act on 27.09.2019. Demolition Action could not take place as police force was not available.

4.

It is manifest that respondent No. 1 is taking steps as per law against the property in question. Respondent No. 1 will continue to deal with the property as per law. Demolition action be taken within a period of eight weeks from today. On the date fixed for demolition, local police will ensure that appropriate police personnel are provided. 5.

At this stage, learned counsel for respondents No. 3 and 4 states that even the petitioner's property is illegal and unauthorisedly constructed. 6.

Let respondent No. 1 also carry out an inspection of the property of the petitioner and in case, unauthorised construction is detected, respondent No.1 will take appropriate steps as per law against the property of the petitioner. Nothing further survives in this petition. 7.

The petition stands disposed of. Pending application also stands disposed of.

JAYANT NATH, J JANUARY 15, 2020 rb