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High Court of DelhiW.P.(C)/5121/2016

Milan Yadav v. East Delhi Municipal Corporation

2016-08-11Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5121/2016 MILAN YADAV ..... Petitioner Through Ms. S. D. Raman, Mr. Garvesh Kabra and Mr. Arzhani Jain, Advocates versus EAST DELHI MUNICIPAL CORPORATION ..... Respondent Through Ms. Biji Rajesh, Advocate for Mr.

Gaurang Kanth, Advocate for R-1

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 11.08.2016 Petitioner submits that the demolition order passed for the third floor of the property ie. D-303, Vivek Vihar, Phase-I, Delhi is under challenge before the East Delhi Municipal Corporation and the next date fixed before the East Delhi Municipal Corporation is 24.11.2016. Her submission is that this portion of her property can be regularized and infact an application has also been submitted before the corporation seeking regularization of the existing structure. Vide communication dated 08.06.2016 given by the Assistant Engineer had been communicated to the petitioner that her application for regularization of the existing structure is required to be submitted by the co-owners of the property under reference, because individual floor wise application for regularization cannot be considered.

Submission being that there exists a shortcoming in her application seeking regularization and in case the aforenoted structure is regularized and all documents have been submitted by her, the ATMCD will not pass an order for demolition. This submission of counsel for the petitioner shall be considered by the ATMCD who shall examine the communication dated 08.06.2016 given by Assistant Engineer, East Delhi Municipal Corporation (as noted supra) and pass orders in accordance with law. No further orders are called for in this petition. Petition disposed of.

INDERMEET KAUR, J AUGUST 11, 2016 gb