High Court of DelhiW.P.(C)/13043/2023

Neera Jain v. New Delhi Municipal Council And ORS

2025-03-28Hon'Ble Ms. Justice Mini Pushkarna5 pages

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13043/2023 & CM APPL. 51538/2023 NEERA JAIN .....Petitioner Through:

Mr. Surender Kumar Bhasin and Mr.

Sanjay Kumar, Advocates versus NEW DELHI MUNICIPAL COUNCIL AND ORS.

.....Respondents Through:

Mr. Yoginder Handoo, ASC with Ms.

Medha Gaur, Advocate for NDMC Mob: 7055571237 Email: medhagaur1997@gmail.com Mr.Sanjay Aggarwal, Advocate for R-3 (through VC).

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 28.03.2025

O R D E R

The present writ petition has been filed for directions to the respondents to demolish the illegal structure being constructed by respondent no. 3 at property bearing no. 16/7, Dr. Lane, Near Gole Market, New Delhi -110001.

Learned counsel appearing for the respondent no. 1-New Delhi Municipal Council ("NDMC"), draws the attention of this Court to the Status Report filed on behalf of NDMC, wherein, it is stated as follows: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Perusal of the aforesaid Status Report shows that it is the clear stand of the NDMC that upon inspection of the property in question, all the unauthorised construction that had been found by the NDMC, has already been demolished by respondent no. 3.

Per contra, learned counsel appearing for the petitioner submits that the NDMC has stated that it does not have copy of the site plan/sanction plan of the property in question. Thus, it is not possible to verify the old unauthorised construction existing in the said premises. 5.

Thus, he submits that further action needs to be taken. 6.

On a pointed query, learned counsel appearing for the petitioner admits that there are many pending disputes between the petitioner and respondent no. 3. He further submits that various other cases are pending between the petitioner and respondent no. 3.

Learned counsel appearing for the NDMC submits that the NDMC is satisfied that there is no new unauthorised construction, existing in the property in question.

Further, no fresh construction is being carried out by respondent no. 3. 9.

Considering the aforesaid submissions made before this Court, it is to be noted that this Court will not be made a tool by any party, in order to settle scores with each other in their private disputes. 10.

The process before this Court cannot be used for the purposes of scoring over one another.

11.

Considering the Status Report filed on behalf of the NDMC, and the submission made before this Court by learned counsel appearing for NDMC, this Court is of the view that the prayer as sought in the present petition, stands satisfied.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

12.

Accordingly, in view thereof, noting the action already taken on behalf of the NDMC and the submission made by learned counsel appearing for the NDMC, the present petition, along with the pending application, is disposed of.

MINI PUSHKARNA, J MARCH 28, 2025 ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.