Deepa Rastogi v. Municipal Corporation Of Delhi And ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15162/2024 DEEPA RASTOGI .....Petitioner Through:
Mr. Azad Bansala, Advocate.
versus MUNICIPAL CORPORATION OF DELHI AND ANR.
.....Respondents Through:
Mr. Arjun Mahajan, SC for MCD with Mr.
Apoorv Upamanyu, Advocate.
Ms. Avni Singh, Advocate for R-2.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
O R D E R
% 28.10.2024 1.
The petitioner has filed this petition under Article 226 of the Constitution, seeking a direction upon the Municipal Corporation of Delhi ["MCD"] to declare her property [Municipal No. 1738 to 1741 and 1742 (Part), Mangal Building I, Jogdhian Colony, Bhagirath Palace, Chandani Chowk, Delhi- 110006] as a dangerous building, and take further consequential action as required in law. 2.
Mr. Azad Bansala, learned counsel for the petitioner, states that the petitioner is the only owner of this part of the building, having inherited it from her parents. He submits that MCD has issued an 'Advisory for Dangerous Building' in respect of this premises on 09.06.2022, but no further action has been taken. He states that the petitioner is apprehensive W.P.(C) 15162/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2024 at 11:25:21
that she would be held liable in the event of any untoward incident in the premises.
3.
Mr. Bansala submits, at this stage, that the petitioner would be satisfied with a direction upon MCD to take a decision in accordance with law within a specified timeframe.
4.
Mr. Arjun Mahajan, learned counsel for MCD, who appears on advance notice, states that the writ petition will be treated as a representation to MCD, and a decision will be taken thereupon, within a period of two weeks from today.
5.
It is made clear that the decision is to be made by MCD in accordance with law, and this Court has not made any observations on the contents of the writ petition. This order is passed without prejudice to the rights and contentions of the owners/occupants of the property, if any. 6.
The writ petition is disposed of in these terms. PRATEEK JALAN, J OCTOBER 28, 2024 SS/ W.P.(C) 15162/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2024 at 11:25:21