Ajay Chawla & ANR. v. North Delhi Municipal Corporation & ORS.

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5163/2016 AJAY CHAWLA & ANR.

..... Petitioners Through Mr. Satish Pandey, Mr. Abdul Qadir and Ms. Anwesha Saha, Advocates versus NORTH DELHI MUNICIPAL CORPORATION & ORS.

..... Respondents Through Ms Puja Kalra, Advocate for R-1 Mr. Sanjay Kumar Pathak, Mr. Sunil Kumar Jha and Mr. Kushal Raj Tater, Advocates for R-4 to R-6

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 04.10.2016 W.P.(C) 5163/2016 and CM No. 21509/2016 Respondent no.1 has filed counter affidavit. The same is taken on record. It is pointed out that the property in question i.e. 9/19, old Rajinder Nagar, New Delhi and the portion occupied by respondent no.4 and the portion occupied by the private respondents was inspected. This was in terms of the earlier order passed by this Court. The property is built up from the ground level floor to the third floor. The ground floor up to the second floor appears to be old and occupied; no fresh construction had been noted from the ground floor up to second floor. However, on the third floor fresh construction and other deviations were noted which was booked on 31.05.2016. A

demolition order was passed on 09.06.2016. An application for regularization was filed by respondent no. 4 which was rejected by the competent authority on 29.09.2016. Partial demolition of the property has been effected on 03.10.2016 and further action shall be taken in accordance with law. Counsel for the private respondent submits that no notice of demolition had been given. However he was advised to approach the appropriate legal body i.e. ATMCD to address his grievances as per law.

Needless to state that any observation made in the order will not affect the merits of the proceedings which are yet to be taken before ATMCD.

No further orders are called for.

Petition is disposed of.

INDERMEET KAUR, J OCTOBER 04, 2016 gb