High Court of DelhiW.P.(C)/4776/2018

Smt. Rajwati Devi v. North Delhi Municipal Corporation

2018-05-04Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4776/2018 SMT. RAJWATI DEVI ..... Petitioner Through:

Mr. Ayush Gupta and Mr. Daman Poply, Advs.

versus NORTH DELHI MUNICIPAL CORPORATION ..... Respondent Through:

Mr. Mukesh Gupta, Standing Counsel for NDMC.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 04.05.2018 CM No. 18429/2018 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.

W.P.(C) 4776/2018 Present petition has been filed by the petitioner with the following prayers:

"It is, therefore, most respectfully prayed that the present Writ Petition be accepted and the Hon'ble Court is requested to issue appropriate Writ of Mandamus or any other appropriate Writ to the satisfaction of this Hon'ble Court thereby directing the Respondent not to contemplate any sealing / demolition action on account of unauthorized construction in respect of property bearing No.C-288, Prashant Vihar, Rohini, Delhi - 110005.

Any other or further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case may also be passed in favour of the petitioner and against the Respondent, in the interest of justice." Learned counsel appearing for the petitioner concede that petitioner has already filed an appeal before the ATMCD against the demolition order and the same is listed on May 7, 2018. His only apprehension is till such time, the ATMCD hears the appeal on May 7, 2018 respondent may demolish the property in question.

Mr. Mukesh Gupta, learned Standing Counsel appearing for the respondent / NDMC on instruction states no demolition action shall be taken till May 7, 2018. His statement is taken on record. In view of above, the petition stands disposed of. CM No. 18428/2018 (for stay) In view of the order passed in the writ petition, the application has become infructuous and disposed of as such.

A copy of this order be given dasti under the signatures of the Court Master.

V. KAMESWAR RAO, J MAY 04, 2018/jg