Naval Kishore v. South Delhi Municipal Corporation

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4268/2016 & C.M. No.18020/2016 NAVAL KISHORE ..... Petitioner Through Mr.Satish Sharma and Mr.Umesh Kumar, Advocates.

versus SOUTH DELHI MUNICIPAL CORPORATION ..... Respondent Through Mr.Raktim Gogoi and Mr. Kartikeya Singh, Advocates.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 31.08.2016 Petitioner is aggrieved by the illegal and unauthorized construction which is being permitted in property No.HR-6/2, Sharma Market, Pul Phaladpur, New Delhi. It is stated that this is in violation of the bye-laws.

Status report filed by the MCD is on record. This status report states that this unauthorized construction had been noted by the SDMC in the year 2015. This property comprises of basement, ground floor, first floor, second floor and third floor. Demolition proceedings were initiated under Sections 343 and 344 of the DMC Act. Sealing proceedings under Section 345A of the said Act were also initiated. Demolition order was passed thereafter. Part demolition was executed on 16.7.2015. Pursuant to which roof slabs

on the first floor and second floor were cut down. The partition wall and doors etc. were also demolished. The status report has been filed on 26.8.2016. In this status report it has further been stated that during the current inspection, the structures which had been demolished on 16.7.2015 are lying in the same condition. The statement of the learned counsel for the respondent that all further action which is proposed action in terms of the aforenoted demolition order will also been taken in accordance with law and it shall be implemented in true letter and spirit. The proposed action and the action taken will be intimated to the petitioner. No further orders are called for in this petition. Petition disposed of.

INDERMEET KAUR, J AUGUST 31, 2016 ndn