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High Court of DelhiW.P.(C)/6417/2018

Mahesh Baisoya v. South Delhi Municipal Corporation And ORS.

2019-04-10Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6417/2018 & CM. No. 24653/2018 MAHESH BAISOYA ..... Petitioner Through:

versus SOUTH DELHI MUNICIPAL CORPORATION AND ORS.

..... Respondents Through:

Ms. Sangeeta Chandra, Adv. for R1

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 10.04.2019 CM No. 24653/2018 (for exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of.

W.P.(C) 6417/2018 Status report has been filed by the SDMC, wherein in paras 2 to 4 the SDMC has stated as under:

"2.

That as per record maintained in Building Deptt., Najafgarh Zone, the unauthorised construction at premises known as Kohli Tent House, Smarna Party Lawns, Opp. to Umrao Restor, NH-8, Bijwasan stands booked under Section 344(1) and 343 of the DMC Act, vide U.C. File No.436/B/UC/NG/17 dated 11/9/2017.

3. That further the suit premises has been sealed by the Deptt. on 21/12/2018 at ground floor completely under section 345-A of the DMC Act on account of unauthorised construction, vide Sealing File No.EE(B)NGZ/17/UC/SCN/D-66 dt. 11/7/2017, on the directions of Hon'ble Monitoring Committee (S.C.).

4. That it is pertinent to submit here that as per directions of Hon'ble Supreme Court of India in case titled as Hon'ble Monitoring Committee (S.C.) M.C. Mehta v/s UOI & Ors. (WPC No. 4677/1985) dt. 28/1/2019, any petition in connection with the matters relating to the Monitoring Committee is to be heard by Hon'ble Supreme Court of India only. Copy of orders dt.28/1/2019 is annexed herewith as Annexure-A."

In view of the aforesaid stand and the fact that the property has been sealed and the Monitoring Committee seized of the matter, no further orders are required to be passed. The writ petition is closed. V. KAMESWAR RAO, J APRIL 10, 2019/aky