Amita Saxena v. North Delhi Municipal Corporation & ORS

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2011/2017 AMITA SAXENA ..... Petitioner Through Mr. Ashok Bhalla and Mr. Rajeev Kumar Advs.

versus NORTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through Ms. Puja Kalra, Adv. for NDMC.

Mr. Prag Chawla and Mr. Sandeep Sudev, Advs. for R-3.

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 25.07.2017 CM Nos.25091/2017 (stay) & 25092/2017 (directions) Ld. counsel for the parties agree that the writ petition, which is fixed for 21.8.2017 may be taken up for hearing today itself. Writ petition is therefore taken up today itself.

W.P.(C) 2011/2017 Petition pre-dominantly was filed seeking directions to the respondent nos. 1 & and 2 to take steps for the unauthorized iron shutters/sheds being or lying installed in flat no. D-12/96 (ground floor), Sector-7, Rohini, Delhi.

During the course of hearing, it

transpires that for the alleged unauthorized construction, demolition order has come to be passed and that has come to be assailed by respondent no.3 before AT, MCD by way of a statutory appeal, provided for.

When the lawful recourse has already been taken, nothing survives in the instant petition. Petitioner, of course, would be at liberty to approach AT, MCD and put across the documents or such plea, as may be relevant to the cause or follow any other remedy against anyone, as may be available to the petitioner under law. Petition and the pending application(s) stand disposed off accordingly.

Interim orders stand vacated.

Any observation made by this Court in these proceedings, shall have no bearing on the merits of the appeal pending before AT, MCD.

A. K. CHAWLA, J JULY 25, 2017 rc