Mahesh Kumar v. South Delhi Municipal Corporation And ANR

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3040/2016 & C.M. No.12798/2016 MAHESH KUMAR ..... Petitioner Through Mr.Surenra Singh, Advocate.

versus SOUTH DELHI MUNICIPAL CORPORATION AND ANR ..... Respondents Through Ms.Mini Pushkarana, Standing Counsel along with Ms.Anushruti, Ms.

Yoothica Pallavi and Ms.Namrata Mukim, Advocates for South DMC

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 03.08.2016 Petitioner is aggrieved by the fact that illegal and unauthorized constructions is being permitted by the SDMC qua property bearing Khasra no.268 (7-15) of village Jasola, New Delhi which is in violation of the bye-laws of the Corporation. Learned counsel appearing for respondent no.1 on advance notice submits that the demolition order qua this property i.e. the alleged unauthorized construction in Khasra no. 268 (7-15) of village Jasola, New Delhi (measuring 1000 sq. yards) was passed on 26.4.2016 but pursuant thereto this demolition order was challenged before the Appellate Tribunal i.e the ATMCD. The ADMCD vide order dated 12.5.2016 (a copy of which has been placed on record) has passed an order directing the parties to maintain status quo.

Learned counsel for respondent no.1 submits that in view of this order passed by the ATMCD on 12.5.2016 the hands of the SDMC are tied for the time being.

Noting all these above facts, this Court is of the view that this petition is not maintainable; it is dismissed. INDERMEET KAUR, J AUGUST 03, 2016 ndn