Amarjeet Singh Arora v. North Delhi Municipal Corporation & ORS

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6722/2016 AMARJEET SINGH ARORA ..... Petitioner Through Mr.M.S.Sani, Advocate.

versus NORTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through Mr.Sunil Goel, Standing Counsel for North DMC.

Mr.Pawan Mathur, Advocate for DDA.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 03.08.2016 C.M. No.27564/2016 (exemption) Exemption is allowed subject to just exceptions. Application disposed of.

W.P.(C) 6722/2016 & C.M. No.27563/2016 Petitioner is aggrieved by the fact that the Corporation i.e. the North DMC is permitting illegal and unauthorized construction to be carried out by respondent no.6 (Baldev Singh Narula) at property No.47, Ishwar Colony, Delhi which is on contravention of the byelaws of the Corporation. Admittedly, a suit qua this issue has been filed by the petitioner and is pending before the Trial Court. This has been stated in para 11 of the aforenoted petition. The suit

No.342/2013 has been filed by the petitioner against respondent no.6 (Baldev Singh Narula). Next the date fixed in that suit is 10.8.2016 and the matter is fixed for evidence.

Learned counsel for the respondent submits that the petitioner cannot have alternate forum before this Court. This petition is liable to be dismissed in limine.

At this stage, learned counsel for the petitioner submits that after the date of the filing of the suit Self Assessment Regularization Receipt has been issued illegally and unauthorizedly by the Corporation and this has to be taken care of. Petitioner is granted liberty to make this submission before the Trial Court where the aforenoted suit is stated to be pending. No further orders are call for in this petition. Petition disposed of.

INDERMEET KAUR, J AUGUST 03, 2016 ndn