Ramesh Nagar Bander Wali Khui Traders And Welfare Association (Regd.) v. The Deputy Commissioner, North Delhi Municipal Corporation & ANR

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7114/2016 RAMESH NAGAR BANDER WALI KHUI TRADERS AND WELFARE ASSOCIATION (REGD.) ..... Petitioner Through Mr. S. K. Mishra, Advocate versus THE DEPUTY COMMISSIONER, NORTH DELHI MUNICIPAL CORPORATION & ANR ..... Respondents Through Mr. Ram Kumar, Advocate for R-1 Mr. Jyoti Taneja and Mr. Siddharth Dutta, Advocates for R-2

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 12.08.2016 C.M. No.29274/2016 (Exemption) Exemption allowed subject to all just exceptions. Application disposed of.

W.P.(C) 7114/2016 Petitioner is aggrieved by the fact that illegal and unauthorized construction is being committed at property J-28A, Bander Wali Khui, Ramesh Nagar, New Delhi.

On advance notice counsel for respondent no. 1 / NDMC has put in appearance. His submission is that earlier writ petition has also been disposed of on 08.09.2014 in which statement had been made by the concerned SI from PS Kirti Nagar that there was no construction going on at that site. In the subsequent application petitioner has

contended that construction work was in progress. That application was disposed of on 21.07.2015 directing the Corporation to take photograph of the site and take action in accordance with law with assistance of concerned SHO.

The prayer in the present writ petition is that the illegal construction which is still remained on the site should be demolished as is dangerous and can collapse anytime. Attention has been drawn to the communication dated 21.07.2016 addressed by the SI PS Kirti Nagar to the Assistant Engineer, Karol Bagh Zone, New Delhi noting the dangerous conditions of the aforenoted propery. Learned counsel for the respondent no. 1 on advance notice has put in appearance and submits that this property was inspected and nobody is residing at the aforenoted property. Further, contention of respondent no. 1 is that there is nothing illegal on the site. Be that as it may. If any illegal structure still remains at the site respondents will take all actions in accordance with law. This action will be taken in true letter and spirit.

No further orders are called for in this petition. Petition is disposed of.

INDERMEET KAUR, J AUGUST 12, 2016 gb