Sukhwinder Singh Through His Legal Representatives v. Municipal Corporation Of Delhi And ORS

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3312/2017 SUKHWINDER SINGH THROUGH HIS LEGAL REPRESENTATIVES ..... Petitioners Through:

Mr. O.P.Saxena with Ms. Usha Saxena, Advs.

versus MUNICIPAL CORPORATION OF DELHI AND ORS ..... Respondents Through:

Mr. Kapil Dutta, Adv. for NDMC.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 08.01.2018 W.P.(C) 3312/2017 In terms of order dated October 24, 2017, latest status report has been filed by the respondent North Delhi Municipal Corporation. Copy of status report has been handed over to Mr. O.P. Saxena, learned counsel for the petitioner. Paras 2 to 4 of the status report reveals the following: "2.

It is submitted that in pursuance of the directions of this Hon‟ble Court, building plan file No.

11/Saral/Scheme/EE(B)-I/CLZ/16 dt:15.11.2016 was also scrutinized and it revealed that the owner and the architect has given/submitted contradictory statements in the shape of affidavits submitted by them. Accordingly, a show cause notice under Section 338 of the DMC Act was served to the owner (Smt. Vidyawanti Gambhir) as well as to the architect (Sh. Dharampal Babbar). In response to the show cause notice, the owner and the architect had submitted their replies requesting for personal hearing. 3.

Accordingly, a hearing was granted by the Dy. Commissioner on 20.06.2017 and on 31.10.2017.

4.

That the competent authority after hearing the parties and considering the reply and allied records of the case has passed an order dt. 05/01/2018 u/s 338 of the DMC Act thereby revoke the sanction building plan accorded vide file No. 11/Saral/Scheme/EE(B)-I/C:Z/16 dt:15/11/2016 in respect of property No. 280/331, Dhakka Johar, Near Bhai Parmanand Colony, Delhi. The competent Authority has also directed to debar the architect for two years." Mr. Saxena states, in view of the decision of the North Delhi Municipal Corporation to revoke the sanction plan, the follow up action needs to be taken by NDMC. Mr. Kapil Dutta, learned counsel appearing for the respondent / NDMC states, revocation of sanction building plan shall be followed by demolition after following due process under Delhi Municipal Act, 1957. He states, the said action shall be taken within six weeks from today.

In view of the aforesaid statement, Mr. Saxena states, the same shall satisfy the grievance of the petitioner in this petition and the petition may be disposed of. Ordered accordingly.

CM. Nos. 20469/2017, 22384/2017& 27787-27788/2017 In view of order in writ petition, these applications have become infructous and disposed of as such.

Dasti.

V. KAMESWAR RAO, J JANUARY 08, 2018/pallavi