Azmat Ullah v. North Delhi Municipal Corporation And ORS

$~45 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3354/2016 AZMAT ULLAH ..... Petitioner Through:

Mr. Sumeet Kaul, Adv.

versus NORTH DELHI MUNICIPAL CORPORATION AND ORS ..... Respondents Through:

Mr. Kapil Dutta, Adv. for R-1.

Mr. Charanjeet Singh, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 25.04.2016 Petitioner has alleged that unauthorised construction has been raised in the property bearing no. 1853, Gali Pattey Wali, Sui Walan, Delhi - 110006. It is prayed that respondent no.1 be directed to stop further illegal construction and demolish the same. It is alleged that construction has been done by the respondent no. 3. Respondent nos. 1 and 2 have appeared on service of advance copy of the writ petition. Counsel for the respondent no.1 submits that the subject property has already been booked for unauthorised construction, inasmuch as, demolition order dated 5th April, 2016 has been passed.

He further submits that demolition action was scheduled for 19th April, 2016 but could not be done. Demolition action has now been fixed for 27th April, 2016.

It is apparent from the above that action has already been initiated by the respondent no.1, in accordance with law.

Respondent no.1 shall complete the action, initiated by it, to its logical end. It is clarified that demolition action should be complete in all respect and not just cosmetic one, that is, puncturing of the walls and roof. The demolition action shall be undertaken on day to day basis and at the cost of owner/occupier, in accordance with law.

SHO P.S. Chandni Chowk is directed to provide police assistance to the respondent no.1 on 27th April, 2016 and thereafter till the demolition action is completed. Compliance report be filed by the respondent no.1 within eight weeks.

Writ petition is disposed of with the above observations. Dasti.

A.K. PATHAK, J.

APRIL 25, 2016 ga