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High Court of DelhiW.P.(C)/1083/2016

Krishan Kant Kanwar And ANR v. Public Grievance Commission And ORS

2016-02-08Hon'Ble Mr. Justice A.K. Pathak2 pages

$~39 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1083/2016 KRISHAN KANT KANWAR AND ANR ..... Petitioners Through :

Mr. S. C. Singhal and Mr. Atul Kharbanda, Advs.

versus PUBLIC GRIEVANCE COMMISSION AND ORS ..... Respondents Through :

Mr. Rahul Sharma and Mr. Ankit Roy, Advs. for R-1.

Mr. Roshan Lal Goel and Ms. Anju Gupta, Advs. for SDMC/R-2 & 3.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 08.02.2016 CM No.4724/2016 (Exemption) Allowed, subject to all just exceptions.

Application is disposed of.

W.P.(C) 1083/2016 and CM No.4723/2016 (Stay) Petitioner has challenged the order dated 11th January, 2016 passed by the Public Grievances Commission whereby respondent no.2/SDMC has been directed to demolish the unauthorized structure. Learned counsel for petitioner contends that unauthorized construction was booked but no demolition order has been passed. It is further contended that property was

even partially demolished. Public Grievances Commission has noted that one unauthorized room still exists. This is a DDA flat. Any unauthorized construction will affect the neighbouring flat. It may further be noted that petitioner has admitted about the unauthorized construction, inasmuch as, has given an undertaking to the Executive Engineer (Building) that he will himself demolish the unauthorised structure. Accordingly, I am not inclined to entertain this petition.

Writ petition as well as interim stay application are dismissed. A.K. PATHAK, J.

FEBRUARY 08, 2016/dk