High Court of DelhiW.P.(C)/1236/2017

Medicover Helathcare Pvt Ltd v. South Delhi Municipal Corporation And ORS

2017-02-21Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1236/2017 MEDICOVER HELATHCARE PVT LTD ..... Petitioner Through Mr.Alok Krishna Agarwal, Ms.Ritwika Nanda and Ms.Petal Chandhok, Advocates with Mr.Man Mohan Sharma Director/A.R. of the Company.

versus SOUTH DELHI MUNICIPAL CORPORATION AND ORS ..... Respondents Through Mr.Rakesh Mittal, Standing Counsel for SDMC with Mr. Kamlesh Anand and Ms. Yamini Mittal, Advocates for R-1.

Mr.Kirti Uppal, Sr.Adv.

with Mr.Aman Bhalla, Advocate for R-2 and R-3.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 21.02.2017 W.P.(C) 1236/2017 & C.M. No.5653/2017 Learned counsel for respondent submits that the vacation notice had been premised on deviations/partition walls which were illegally constructed in the basement, stilt and terrace floor of the property i.e. the property bearing No.E-20, Panchsheel Park, New Delhi. On 10.02.2017 this matter had been taken up for hearing. Notice had been directed to be issued to the respondents. Interim order had been

passed in favour of the petitioner and the vacation notice dated 07.02.2017 had been stayed.

In the course of hearing today learned counsel for petitioner submits that the partition walls which were existing have since been removed this exercise has been carried out by the petitioner on the basement, stilt and terrace floor on 19.02.2017. Learned counsel for respondent no.1/SDMC is present along with his officer from whom he has obtained instructions. Learned counsel for respondent no.1/SDMC submits that only a partial removal of the partition walls has taken place and not a complete removal.

Learned counsel for the petitioner under instructions from his client (Mr.Man Mohan Sharma Director/A.R. of the Company) submits that whatever deviation is left, the same shall also be removed positively within a period of four days from today. This statement of the authorized representative of the petitioner is taken on record. In case there is any deviation still left the Department would be at liberty to take appropriate action as is permitted under law. Petition disposed of.

INDERMEET KAUR, J FEBRUARY 21, 2017 ndn