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High Court of DelhiW.P.(C)/1976/2017

Raj Kumar Sharma v. North Delhi Municipal Corporatin And ORS

2017-11-30Hon'Ble Mr. Justice A. K. Chawla2 pages

$~31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1976/2017 and CM APPL. 8732-8733/2017 RAJ KUMAR SHARMA ..... Petitioner Through Mr. Amit Mehra, proxy counsel for Mr. P.N. Dhar, Adv.

versus NORTH DELHI MUNICIPAL CORPORATIN AND ORS ..... Respondents Through Mr. Mukesh Gupta, Standing Counsel for NDMC/R-1.

Mr. Siddhartha Sharkar Ray, Adv.

with Mr. Surendra Singh, Inspector, Delhi Police.

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 30.11.2017 Instant petition has come to be filed alleging unauthorized construction in property no. 500-501, Katra Asharfi, Chandni Chowk, Delhi having another entry from 1050, Gali Hira Nand, Maliwara, Delhi-6.

In the status report dated 27.11.2017, it has come to be stated, as under :

"2.

That the petitioner is aggrieved by the inaction of the Statutory Body, respondent herein, in permitting unauthorised and illegal construction carried out in property no. 500-501, Katra Asharfi, Chandni Chowk, Delhi-06 and another Municipal number from backside as 1050, Gali Hira Nand,

Maliwara, Delhi-06.

3.

That the deponent states that the records of the case has been requisitioned from the Building Department, City Zone and the records reveals that the predecessor of the deponent has already filed detailed affidavit in August, 2017, detailing the actions initiated by the respondent against the unauthorised construction carried out at the property in question and the contents of the same are reiterated. 4.

That it is reported that the owner/builder of the property under reference has, in the meantime, filed two Appeal nos. 496/ATMCD/2017 & 738/ATMCD/2017 titled Sushil Kumar Goel Vs. North DMC against the demolition and sealing orders. It is further submitted that the Hon'ble ATMCD has been pleased to stay both demolition as well as sealing orders passed by the respondent and the aforesaid matters are next listed for hearing on 06.12.2017. The photocopy of the stay orders are annexed herewith as Annexure-R-1(Colly)."

During the course of hearing, it comes to be pointed out that the instant petition relates to the same property, which is the subject matter of W.P.(C) 1855/2017 and has come to be disposed off earlier. In view of the aforegoing, petition stands disposed off. As prayed, liberty is reserved to the petitioner to approach this Court afresh, if, a fresh cause of action arises.

A. K. CHAWLA, J NOVEMBER 30, 2017 rc