Kahkashan v. Deputy Commissioner, North Municipal Corporation & ORS

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6230/2016 & C.M. No.25456/2016 KAHKASHAN ..... Petitioner Through Ms. Vibha Mahajan Seth and Mr.

Mallika Mendhiratta, Advs.

versus DEPUTY COMMISSIONER, NORTH MUNICIPAL CORPORATION & ORS ..... Respondents Through Mr. Pratap Singh, Adv. for R-1.

Mr. Udit Gupta, Adv. for R-2 & R-3 with Mr. Akhil Kumar, SDM.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 20.07.2016 The petitioner is aggrieved by the fact that the concerned respondents have not taken any action against the unauthorized user of premises bearing No. 1504, Gali Kotana, Suiwalan, Darya Ganj, Delhi where the illegal factory operations are being carried out by the private respondents i.e. respondents No. 4 & 5. On advance notice, learned counsel for respondents No. 1 to 3 have put an appearance. Counsel for respondents No. 2 & 3 submits that the action of sealing/closure of the industries has to be carried out by respondent No. 1. On this count, learned counsel appearing for respondent No. 1 under instructions states that the appropriate action in accordance with law will be taken and the deviation as noted by them, shall be addressed in accordance with law. The contention of

the learned counsel for the petitioner is that respondent No. 1 does disconnect the electricity of the private respondents but thereafter electricity are reconnected and the polluted activities started again; submission being that the property must be sealed. On this count, learned counsel for the petitioner submits that the appropriate action will be taken and if sealing is required to be done, the said order shall be passed in accordance with law.

Petition disposed of.

Order dasti under the signature of the Court Master. INDERMEET KAUR, J JULY 20, 2016