High Court of DelhiW.P.(C)/3771/2018

Sharukh v. South Delhi Municipal Corporation And ORS.

2019-09-27Hon'Ble Mr. Justice Jayant Nath2 pages

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) No. 3771/2018 & CM APPL. No. 14948/2018 SHARUKH ..... Petitioner Through:

Mr. Rakshan Ahmil, Mr.Parveen Dutt, Advocates.

versus SOUTH DELHI MUNICIPAL CORPORATION AND ORS.

..... Respondents Through:

Mr. Sandeep Bajaj, Mr.Devansh Jain, Advocates for R1/SDMC.

Mr. Abhishek Kumar Singh, Advocate for R2.

Mr.Upender Singh, SHO, P.S. Jamia Nagar, Mr. Krishan Kumar Yadav, ASI, P.S. Jamia Nagar.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 11.02.2019 Learned counsel appearing for respondent No. 2/SHO PS : Jamia Nagar states that in compliance of last order dated 29.11.2018 requisite police assistance was provided to respondent No. 1/SDMC and demolition action was carried-out. In spite thereof, by way of abundant precaution, Inspector Upender Singh, SHO PS : Jamia Nagar is present in court.

Learned counsel appearing for respondent No. 1/SDMC states that the officer who was in-charge of taking action against the subject

property has been transferred and he has no instructions whether the police force was provided to respondent No. 1/SDMC as directed by previous orders of the court. He seeks two weeks' time to file status report in the matter.

In these circumstances I deem it appropriate to discharge the SHO PS : Jamia Nagar from personal presence.

Let a status report be filed by respondent No. 1/SDMC within one week, updating the present status of action taken against the subject property, with advance copy to counsel for the petitioner. This order is being passed only to give opportunity to respondent No. 1/SDMC to complete the action initiated against the subject property. If inspite thereof, the petitioner is not satisfied by the action taken, I would be inclined to dispose of the petition, giving liberty to the petitioner to approach the Special Task Force constituted under the Ministry of Housing & Urban Affairs's Office Memorandums dated 25.04.2018 and 23.05.2018 under directions of the Supreme Court in Writ Petition (Civil) No. 4677 of 1985 titled "MC Mehta vs. Union of India & Ors".

It is directed that in case police assistance is required for further action by respondent No. 1/SDMC, the same shall be provided in adequate measure.

Re-list on 24.04.2019.

ANUP JAIRAM BHAMBHANI, J.

FEBRUARY 11, 2019 j