Krishan Kumar v. The Commissioner Sdmc & ORS

$~30 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6139/2018 & CM APPL.23787/2018 KRISHAN KUMAR ..... Petitioner Through Mr. Neeraj Kumar, Adv.

versus THE COMMISSIONER SDMC & ORS .... Respondents Through Mr.Anil Panwar and Mr.Abhimanyu Chauhan, Advs. for R-1/SDMC Mr.Pankaj Sharma, Adv. for R-2&3

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR

O R D E R

% 30.05.2018 1.

This writ petition complaints of unauthorized construction in the property bearing No.24/22, Khadda Colony, Shanti Kunj, Vasant Kunj, New Delhi-110070.

2.

Appearing on advance notice Mr.Anil Panwar, learned counsel for SDMC submits that the Municipal Corporation has taken action and has sealed the stilt and ground floor of the property on 1st September, 2016 and rest of the property on 17th February, 2017. It is submitted that there is no construction going on in the property. The photographs on record also do not show any construction activity being carried out on the building which does not appear to be a completed structure.

3.

It is not comprehensive as to why further action, after having taken a view that the construction is illegal and unauthorized, has not been taken by the respondents. It is submitted that the SDMC shall ensure that the action in accordance with law is taken against him in respect of building concerned.

4.

This statement is accepted and the SDMC shall remain bound by the same. In view thereof, there is no issue which requires adjudication by this court. In fact there was no construction being undertaken on the date of filing. 5.

In view of the above narration of the facts, this writ petition and application are dismissed.

ACTING CHIEF JUSTICE C.HARI SHANKAR, J MAY 30, 2018/rk