Mohd. Ali v. North Delhi Municipal Corporation Of Delhi & ORS

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7805/2014 MOHD. ALI ..... Petitioner Through : Mr. Satyapal Singh, Adv.

versus NORTH DELHI MUNICIPAL CORPORATION OF DELHI & ORS ..... Respondents Through :Ms. Puja Kalra, Adv. for North MCD along with Ex. Engineer (Bilding) City Zone Mr.

Manoj Kumar, Adv.

for respondent nos. 3 and 4

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 23.03.2016 Petitioner has prayed in this writ petition that respondent nos. 1 and 2 be directed to demolish the illegal and unauthorised construction in the property bearing no. 2049, Kali Masjid, Turkman Gate, Delhi. Respondent no. 1 has filed an affidavit of Shri Pushpender Kumar, Executive Engineer (B), City Zone.

It is categorically stated in the affidavit that unauthorised construction in the form of 2nd and 3rd floors has already been booked under Sections and of the DMC Act, 1957, vide file no.

43/83/UC/EE(B)/CZ/2016 dated 12th February, 2016. Thereafter, a show

cause notice dated 12th February, 2016 was issued to the owner/builder. It is further stated that further action, in accordance with law, will be taken. During course of the hearing, learned counsel for the respondent no. 1 submits that demolition order has already been passed on 19th February, 2016.

Counsel for the respondent nos. 3 and 4 submits that demolition has been challenged before the Appellate Tribunal, MCD. Since action has already been taken by the respondent no. 1 in respect of the unauthorised construction, no further orders are required to be passed in this writ petition. Writ petition is disposed of in the above terms. A.K. PATHAK, J.

MARCH 23, 2016 rb