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High Court of DelhiW.P.(C)/1811/2014

Vinay Kumar Walia v. Delhi Development Authority And ORS

2017-01-17Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1811/2014 & C.M. No.3775/2014, 3776/2014 VINAY KUMAR WALIA ..... Petitioner Through Mr. Abhas Kumar, Adv.

versus DELHI DEVELOPMENT AUTHORITY AND ORS ..... Respondents Through Mr. Kush Sharma and Ms. Ikant Luthra, Advs for the DDA.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 17.01.2017 Status report by way of an affidavit of the South Delhi Municipal Corporation (SDMC) has been taken on record. This Court notes that on 16.08.2016, a statement had been made by the learned counsel for the SDMC which was to the effect that since the petitioner has himself admitted that the construction is prior to the year 2008, this property is most likely protected under the provisions of Delhi Law (Special Provision) Second Amendment Act, 2014. The affidavit filed by the respondent Corporation is exactly on this score. His submission is that after receiving the complaints qua the unauthorized construction in this property (property No K-316, Village Lado Sarai, New Delhi), a part demolition action from the basement to the third floor had been proposed on 03.03.2014. However, no further coercive action could be taken against the property in question as the same was in existence prior to 01.06.2014

and was adequately protected under the provision of National Capital territory of Delhi Laws (Special Provisions) (Second Amendment) Act, 2014 till 31.12.2017. This submission of the learned counsel for the respondent Corporation is taken on record. No further orders are called for on this petition. It is disposed of.

INDERMEET KAUR, J JANUARY 17, 2017