Mohd Ahsan Qureshi v. North Delhi Municipal Corporation And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2965/2017 and CM Nos. 12897/2017 & 29891/2017 MOHD AHSAN QURESHI ..... Petitioner Through Mr. M.A. Niyazi, Advocate with Mr. Manish Kumar and Mr.Kirti Jaswal, Advocates versus NORTH DELHI MUNICIPAL CORPORATION AND ORS ..... Respondents Through Mr. Mukesh Gupta, Standing Counsel with Mr. Abhinav Srivastava, Advocate for R-1 Ms. Kiran Singh and Mr. Amit Nagar, Advocates for R-2 Mr. Kirti Uppal, Sr. Advocate with Mr. Sidharth Chopra and Mr.Pranvir Sethi, Advocates for R-3 & R-4

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 27.10.2017 W.P.(C) 2965/2017 and CM Nos. 12897/2017 & 29891/2017 Petitioner approached this Court alleging unauthorised construction in respect of property bearing no.6, Alipur Road, Raj Niwas Marg, Civil Lines, Delhi-110 054. Two status reports dated 04.07.2017 and 23.09.2017 have come to be filed. In paras 3 and 4 of the subsequent report dated 23.09.2017, it has come to be stated as under:- "3.

That at the very outset, it is stated that the area of

Civil Line Zone Delhi has been merged with City SP Zone on account of the delimitation of the Zones of the North Delhi Municipal Corporation. The matter was being looked after by the erstwhile Civil Lines Zone and the part original records of the same have been transferred to the City SP Zone so far. However, on inspection of the property by the field staff of City SP Zone on 19.09.2017, it was noticed that the existing structure of the property comprise of basement floor to third floor without any sanction/permission from the Corporation. On enquiry from concerned of O.I(B) of Civil Lines Zone, it reveals that the U/c in the entire second floor & third floor with mummty in continuation of previous booking of u/c at entire basement, ground floor & first floor vide file No. 23/C-78/B-I/UC/CLZ/2017 dated 15.02.2017 has been booked and the matter is under hearing.

4.

That the deponent states that further steps to execute the demolition order were taken and on availability of the Police Force from P.S. Civil Lines, Delhi on 21.09.2017, the unauthorized construction in the form of roof of basement floor has been demolished by cutting four RCC panels with the help of iron gas cutter and pneumatic hammer. The remaining action could not be taken due to shortage of time. Photographs the demolition action taken on 21.09.2017 are annexed herewith as Annexure R-1."

Ld. Counsel for the petitioner concedes that the petition had come to be filed in relation to the property in respect whereof the status reports dated 04.07.2017 and 23.09.2017 have come to be filed by the respondent-NDMC. In view thereof and the action taken and contemplated, nothing further survives in the petition. Petition is accordingly disposed off reserving the right to the petitioner or anyone else to approach this Court afresh, if any further cause of action arises.

Interim order stands vacated thereby.

A. K. CHAWLA, J OCTOBER 27, 2017/nn