Sudesh Kumari v. South Delhi Municipal Corporation & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5833/2018 SUDESH KUMARI ..... Petitioner Through :

Mr. M.Hasibuddin, Advocate.

Petitioner in person.

versus SOUTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through :

Mr. Paritosh, Advocate for R1/SDMC.

Mr. R.K. Agnihotri, Advocate for R3/SHO, P.S. Kalkaji.

Ms. Neha Mishra, Advocate for R4/Mr. Rakesh Malhotra.

Ms. Snigdha Singh, Advocate for applicant in CM APPL. No.

54147/2018.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 22.02.2019 The petitioner is aggrieved by alleged unauthorized construction above property bearing No. J-3/303 Ground Floor, DDA Flats, Kalkaji, New Delhi.

2.

Respondent No. 1/South Delhi Municipal Corporation (as per amended memo of parties) has filed status report dated 27.11.2018 which states that demolition order against the subject property was passed and demolition programme was scheduled on 05.12.2018. 3.

Learned counsel appearing for respondent No. 1/SDMC on advance copy states that demolition action as scheduled, was taken on 05.12.2018 in-part and further action is planned.

4.

Learned counsel appearing for the petitioner states that in view of action taken by respondent No. 1/SDMC, he wishes to withdraw the petition. Counsel however states that in case respondent No. 1/SDMC does not complete the demolition action, he would want to approach the Special Task Force constituted by the Ministry of Housing & Urban Affairs of the Government of India vide Office Memorandums dated 25.04.2018 and 23.05.2018 in compliance of orders of the Supreme Court in Writ Petition (Civil) No. 4677/1985 titled M.C. Mehta vs. Union of India & Ors.

5.

Accordingly, this petition is dismissed as withdrawn, with liberty to the petitioner to approach the Special Task force as above, if the need so arises.

CM APPL. No. 54147/2018 (for impleadment) 6.

Ms.

Snigdha Singh, learned counsel appears for the impleadment applicants and states that the applicants are residents of the second, third and fourth floors respectively in the subject property and are parties affected by the action taken by respondent No. 1/SDMC.

7.

In view of above, I deem it appropriate to dispose of this application, granting liberty to the applicants also to approach the Special Task Force for amelioration of their grievances. 8.

This application stands disposed of in the above terms. ANUP JAIRAM BHAMBHANI, J FEBRUARY 22, 2019 j