Kishore Kumar v. South Delhi Municipal Corporation & ANR.

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7691/2016 KISHORE KUMAR ..... Petitioner Through Mr. Keshav V. Hegde, Adv versus SOUTH DELHI MUNICIPAL CORPORATION & ANR.

..... Respondents Through Mr. Rajan Tyagi, ASC with Mr.

Sushil Kumar, AE. for R-1.

Mr. Pawan K. Bahl and Mr. Ankit Vashisht, Advs for R-2.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 19.01.2017 Status report of the respondent/SDMC is taken on record. In this report, it has been stated that the property i.e. 29, Jung Pura, Bhogal stands booked on 16.09.2013 for an unauthorized constructions in the shape of basement, ground, first, second and third floors; part construction of the fourth floor and a projection of lane and gali has also been noticed. A demolition order was passed on 30.12.2013. Notice under Section 345-A of the DMC Act for misuser as also for the sealing of the property has also been undertaken. Learned counsel for the respondent/SDMC under instructions additionally points out that after the notice had been received by the private respondent namely respondent No. 2 (present in Court), a personal hearing has been fixed qua respondent No. 2 and the next

date fixed in this regard is 24.01.2017. Needless to state that all actions in accordance with law which have been initiated shall be completed by the respondent after affording a hearing (which has already been fixed for 24.01.2017) to respondent No. 2. Learned counsel for respondent No. 2 states that in fact a litigation inter-se the petitioner and respondent No. 2 and others had been undertaken in Civil Court where only part demolition of the property of respondent No. 2 had been ordered; his submission is that all these facts will be brought to the notice of respondent No. 1/SDMC who may pass orders after considering these facts. Petition disposed of.

INDERMEET KAUR, J JANUARY 19, 2017