Layaq Ali v. Municipal Corporation Of Delhi & ORS.

$~128 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7948/2024 LAYAQ ALI ..... Petitioner Through:

Mr. Durgesh Gupta, Adv. (through v/c) versus MUNICIPAL CORPORATION OF DELHI & ORS...... Respondents Through:

Mr. Mahender Shukla and Mr.

Abhinav Shamar, Advs. for MCD (through v/c)

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 28.05.2024

O R D E R

CM APPL.32759/2024 (Exemption) Allowed, subject to all just exceptions.

Application stands disposed of.

W.P.(C) 7948/2024 and CM APPL.32758/2024 (Stay) 1.

The present petition raises a grievance as regards the alleged unauthorized construction at property bearing No.1664, Gali Takhat Wali, Suiwalan, Delhi-110006.

2.

Learned counsel for MCD, who appears on advance notice, submits that the property in question has already been booked for unauthorized construction which has been found to be subsisting in the shape of entire ground floor.

3.

A show cause notice dated 22.05.2024 is stated to have been issued by the MCD to the owner/occupier of the property in question. Further, a work stop notice dated 22.07.2024 is also stated to have been issued. It is assured 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 30/05/2024 at 12:18:15

and undertaken, on instructions that further requisite action shall be taken expeditiously and in accordance with law, to remove the unauthorized construction.

4.

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, however, taking on record the aforesaid statement of learned counsel for the MCD.

5.

Needless to say, any action to be taken by the MCD shall be subject to the statutory/appellate remedies of the owner/occupier of the property in question. Further, in case there is any deficiency in the action taken by the MCD, the petitioner shall be entitled to avail appropriate remedies under law. 6.

The pending application/s also stands disposed of. SACHIN DATTA, J MAY 28, 2024/cl 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 30/05/2024 at 12:18:15