Arun Rai v. Gc Patnaik Vice Chairman Dda

$~5 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 389/2011 ARUN RAI ..... Petitioner Through Mr. Akshay Makhija, Ms. S. Moktan, Ms. Mahima Bahl, Advs.

versus GC PATNAIK VICE CHAIRMAN DDA ..... Respondent Through Mr. Ajay Arora, Adv. for SDMC Ms. Kirti Parmar, Adv. for Mr.Ajay Verma, Sr.

Standing Cousnel for DDA

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 20.01.2016 1.

The petitioner is aggrieved by the failure of the respondent to remove the unauthorized construction in khasra no.180, Village Taj Pur in terms of the order dated 10th November, 2010 passed by the Division Bench of this Court in WP(C) 7542/2010.

2.

The respondent - South Delhi Municipal Corporation has filed an affidavit/undertaking dated 18th January, 2016 in which it is stated that six properties have been booked. However, the demolition action in respect of five properties is deferred/suspended upto 31st December, 2017 under the National Capital Territory of Delhi Laws(Special Provisions) Second (Amendment) Act, 2014.

The South Delhi Municipal Corporation has undertaken to demolish the five properties within two months of the vacation of moratorium period of the National Capital Territory of Delhi Laws(Special Provisions) Second (Amendment) Act, 2014 and the sixth property within two months of the vacation of the stay order by the

Appellate Tribunal, MCD.

The undertaking of the respondent is hereby accepted.

3.

The petition is disposed of in terms of the undertaking of the respondent with liberty to the petitioner to revive the same in the event of any breach of the undertaking by South Delhi Municipal Corporation. J.R. MIDHA, J.

JANUARY 20, 2016 dk