Pawan Sirohi And ANR. v. South Delhi Municipal Corporation And ORS.

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7654/2019, CM No. 31836/2019 PAWAN SIROHI AND ANR.

..... Petitioners Through:

Mrs. Panchajanya Batra Singh and Mr. Mahavir Singh, Advs. for petitioner no.2.

versus SOUTH DELHI MUNICIPAL CORPORATION AND ORS.

..... Respondents Through:

Mr. Kunal Vajani, Standing Counsel with Mr. Paras Anand and Mr. Jaibir Singh Sethi, Adv. for SDMC.

Mr. Anand V. Khatri, Adv. for R2.

Mr. Pawan Mathur, Standing Counsel for DDA.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 17.07.2019 CM. No. 31836/2019 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.

W.P.(C) 7654/2019 Learned counsel appearing for the petitioner, at the outset, submits that she shall maintain the writ petition with regard to prayer 'a' only. With regard to the other prayers, she will seek such remedy as available to the petitioner in accordance with law. The statement is taken on record. It is the submission of the learned counsel for the petitioner that in terms of the bye-laws, petitioner is entitled to make renovation. She states,

unfortunately, renovation work already carried out by the petitioners has been demolished by the respondent Corporation. She apprehends, even in future if any renovation is carried out, the same shall also be demolished. On the other hand, Mr. Kunal Vajani, learned standing counsel appearing for the respondent Corporation states that letter dated May 16, 2019 (page 38 of the paper book) clarifies that the petitioners are within their right to carry out repairs / renovation works in accordance with the specified bye-laws / policy as contained in the office order dated August 13, 2003. According to him any work at variance with byelaws and office order is illegal.

Since an issue has arisen whether the renovation work intend to be carried out by the petitioners is permissible within the provisions of the byelaws / office order dated August 13, 2003, it shall be appropriate for the petitioners to give a proposal to the concerned Engineer within a week detailing therein the renovation work that they intend to carry out. On receipt of such proposal, the concerned Engineer shall consider the same in accordance with the bye-laws and the office order dated August 13, 2003 and take a decision and communicate the same to the petitioners within one week thereafter. It goes without saying that the petitioners shall carry out the renovation work in terms of the communication received from the concerned Engineer.

The petition stands disposed of.

V. KAMESWAR RAO, J JULY 17, 2019/jg