High Court of DelhiW.P.(C)/3349/2017

Sushila And ANR v. North Delhi Municipal Corporation And ORS

2020-02-12Hon'Ble Mr. Justice Jayant Nath2 pages

$~A-8 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3349/2017 & CM APPL. 14687/2017 SUSHILA AND ANR ..... Petitioners Through Mr.Sandeep Thakur, Adv.

versus NORTH DELHI MUNICIPAL CORPORATION AND ORS ..... Respondents Through Mr.Ajjay Aroraa and Mr.Kapil Dutta, Advs. for R-1/North DMC.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 12.02.2020 This writ petition is filed by the petitioners seeking a direction not to carry out any illegal demolition against the petitioners' House being No.A1/82, Sector-16, Rohini, Delhi-110089. The case of the petitioners is that they are residing in the said DDA Flat being No.A-1/82, Ground Floor, Sector-16, Rohini, Delhi. Respondents No.3 to 6, who are said to be the illegal builders and investors of black money, purchased the first floor of the said building with the intention to raise illegal construction. They approached the petitioners for NOC for raising unauthorised construction over the house of the petitioners, which the petitioners refused. Thereafter, respondents No.3 to 6 have been harassing the petitioners in various forums. A suit was also filed against the petitioners for permanent and mandatory injunction with the prayer to demolish the fiber shed. The official of respondents No.1 and 2 demolished the fiber shed in front of the petitioners' house saying it is illegal. It is stated

that this was a conspiracy of respondents No.3 to 6. It is further stated that respondents No.1 and 2 are carrying out selective demolition and pick and chose. It is further stated that respondents No.3 to 6 each are having three houses in the same area, which are stated in para 14 of the writ petition. Each of these houses have unauthorized constructions. Learned counsel for the petitioners submits that if the alleged unauthorised construction of the petitioners is demolished, the unauthorised construction of respondents No.3 to 6 be also demolished. Let respondents No.1 and 2 treat this petition as a representation of the petitioners. Based on the same respondents No.1 and 2 will take action against the properties of respondents No.3 to 6 as mentioned in the writ petition as per law. The same shall be done expeditiously within two months from today.

With the above direction the present petition stands disposed of. All pending applications, if any, are also disposed of. JAYANT NATH, J.

FEBRUARY 12, 2020/v