Ravi Nigam v. North Delhi Municipal Corporation
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1980/2016 & CM Nos.8513/2016 & 8514/2016 RAVI NIGAM ..... Petitioner Through :
Mr. Aman Vachher, Mr. Ashutosh Dubey and Mr. Sagar Mehra, Advs.
versus NORTH DELHI MUNICIPAL CORPORATION ..... Respondent Through :
Mr. Mukesh Gupta, Adv.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 08.03.2016 By this writ petition under Article 226 of the Constitution of India, petitioner has prayed that the respondent be directed not to proceed with any further demolition at property bearing no.1922/23, Gali Leswa, Bazar Sita Ram, Delhi-110006.
Learned counsel for the respondent has appeared on advance notice.
Learned counsel for the respondent submits that since unauthorized construction was noticed in the property, demolition order dated 20th January, 2014 was passed and served upon the petitioner. Partial demolition was also done on 17th February, 2016. It is further submitted that petitioner had applied for regularization of the unauthorized construction. Request of the petitioner for regularization of the unauthorized portion has already been rejected on 23rd February, 2016. Learned counsel for the
petitioner submits that demolition order was never served on the petitioner. Another copy of the demolition order has been supplied to counsel for the petitioner.
In view of the alternative remedies available to the petitioner, I am not inclined to entertain this writ petition.
Petition is dismissed.
However, petitioner is granted liberty to approach the Appellate Tribunal, MCD. In case, such an appeal is filed within one week, the same shall be entertained by the Tribunal without going into the question of limitation.
Miscellaneous applications are disposed of as infructuous. Dasti.
A.K. PATHAK, J.
MARCH 08, 2016/dk