High Court of DelhiW.P.(C)/1029/2018

Kuldeep Singh And ANR. v. East Delhi Municipal Corporation And ORS.

2018-03-12Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1029/2018 KULDEEP SINGH AND ANR.

..... Petitioners Through:

Mr. Rajat Aneja, Ms. Vandna Aneja, Mr. Deepak and Ms. Nisha Sharma, Advs.

versus EAST DELHI MUNICIPAL CORPORATION AND ORS.

..... Respondents Through:

Mr. Mukesh Gupta, Standing Counsel with Mrs. Shashi Gutpa, Adv. for R1.

Mr. V.S. Dubey, Adv. for R2 to R4.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 12.03.2018 Status report has been filed by the respondent / EDMC wherein the following stand has been taken at Para 2 & 3: "2. That, the property bearing no. 475, Teliwara, Shahdara, Delhi has been inspected on 07.02.2018 by the area Assistant Engineer & junior Engineer. It has been noticed that the property consist Ground floor and First Floor. First Floor of old structure was found partly demolished. The malba was also lying at the site. It has been gathered from the local enquiry that old structure at First Floor had been demolished recently. No construction activity was found in progress at the time of inspection. The report of the area Assistant Engineer & Junior Engineer are annexed herewith as "Annexure R1".

3. It is further submitted that the work stop notice no. 3692 /

AE(B)-I/SH(S) dated 07.02.2018 sent to SHO / P.S. Farsh Bazar and copy of the same also sent to Sh. Satish Aggarwal Owner / Occupier / Builders, so that further demolition / construction activity could not be carried out in violation of DMC Act."

Even though, the status report filed by respondent / EDMC reveals the first floor has been partly demolished, Mr. Rajat Aneja, learned counsel appearing for the petitioners state first floor has been completely demolished. He has drawn my attention to some photographs in that regard. In view of the fact that it is the petitioner's case that the first floor has been completely demolished, no further relief can be granted to the petitioner except stating, if the respondent nos. 2 to 4 make any construction in violation to the bye-laws/without sanction plans, liberty is with the petitioners to approach this court.

The petition stands disposed of.

CM No. 4314/2018 (for direction) In view of the order passed in the writ petition, the application has become infructuous and dismissed as such.

V. KAMESWAR RAO, J MARCH 12, 2018/jg