Maninder Singh & ORS v. South Delhi Municipal Corporation

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5506/2016 MANINDER SINGH & ORS ..... Petitioners Through Mr.Ravinder Sethi, Sr. Adv. with Mr.Rajiv Kr.Ghawana, Adv.

versus SOUTH DELHI MUNICIPAL CORPORATION ..... Respondent Through Mr.Mukesh Gupta, Adv.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

O R D E R

% 06.06.2016 On 28th September, 2012 South Delhi Municipal Corporation has booked the property for unauthorized construction. On various dates of 2013 the demolition was taken up by the official of South Delhi Municipal Corporation. As per the petitioner the suit property is lying as it is in the same condition.

Present petition has been filed seeking directions qua rectifications/ regularization in properties No.2/53-56, Jangpura Extension, New Delhi. Learned counsel for the respondent submits that it is not merely a case of unauthorized construction but part of the unauthorized construction is done even on public land. Counsel has also produced the notice dated 18th May, 2016 issued by the Government of India, Ministry of Urban Development, Land & Development Office, Nirman Bhavan, New Delhi issued to i) Deputy Commissioner, ii) The Executive Engineer (Maintenance-1) & iii)

The Commissioner, all official of South Delhi Municipal Corporation, to file the status report on action taken for removal of encroachment before the next date i.e. 4th July, 2016 before Loyakukta Court who earlier has passed the order on 5th April, 2016.

The demolition is to be carried out on 7th June, 2016 as L & DO asked the concerned official earlier for removal of encroachment and to arrange for demolition squad, police force. Having gone through the earlier notice given to the petitioner, I am not inclined to pass any interim order as prayed for or order for rectifications/ regularization in suit property. The present writ petition is accordingly dismissed. Dasti under the signature of the Court Master. MANMOHAN SINGH (VACATION JUDGE) JUNE 06, 2016/vp