Rajender Singh Pahal v. South Delhi Municipal Corporation & ORS

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1909/2017 RAJENDER SINGH PAHAL ..... Petitioner Through Mr.Sanjay Kumar Baliyan, Adv.

versus SOUTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through Mr.Ajay Digpaul, Standing Counsel for SDMC with Ms.Madhuri Dhingra, Adv. and Mr.Manish, AE (Bld.) Mr.Abhay Singh, Adv. for R-3/Delhi Police.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 03.03.2017 C.M. No.8448/2017 (exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.

W.P.(C) 1909/2017 Petitioner is aggrieved by the illegal and unauthorized construction purported to have been carried out by respondent no.2 at property bearing No.196 F, Savitri Nagar, Malviya Nagar, New Delhi. It is stated that it is against all the bye-laws of the Corporation. On advance notice learned counsel for respondent no.1/SDMC has put in appearance. Under instructions he states that the sanction

plan qua this property had been sanctioned on 10.10.2016, however, certain deviations were noted and notice under Section 338 of the DMC Act is being issued to the private respondent (respondent no.2). The property has been booked on 28.02.2017. Learned counsel for respondent no.1 further states that all actions which have been initiated shall be completed in accordance with law. This statement of respondent no.1 is taken on record. It is hoped and expected that this commitment made to the Court shall be honoured in true letter and spirit. Needless to state that assistance of respondent no.3, if necessary will be given to respondent no.1. It is also reiterated that no adverse order be passed without notice to the private respondent. No further orders are called for in this petition. Petition disposed of.

INDERMEET KAUR, J MARCH 03, 2017 ndn