Praveen Sharma v. North Delhi Municipal Corporation

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8162/2016 & C.M. Nos.33746-47/2016 PRAVEEN SHARMA ..... Petitioner Through Mr. B.S. Chowdhary, Adv.

versus NORTH DELHI MUNICIPAL CORPORATION ..... Respondent Through Ms. Puja Kalra, Adv.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 26.09.2016 The petitioner is aggrieved by the order passed by the Assistant Engineer dated 27.07.2016 wherein it was of the view that the application of the petitioner/applicant for regularization of his third floor could not be considered in the absence of there being any such policy.

At the outset (as noted on the last date), the contention of the respondent is that this order is appealable under Section 347-B of the DMC Act. This position is not in dispute. Learned counsel for the petitioner however submits that this Court may entertain the writ petition as well; it would be well within the discretion of this Court. This Court is not in agreement with this submission of the learned counsel for the petitioner. If there is a hierarchy of Courts available and the next Appellate Court would be the ATMCD (in terms of the impugned order), this Court is not inclined to entertain

this petition. Liberty is granted to the petitioner to approach the appellate body.

Petition disposed of in the above terms.

INDERMEET KAUR, J SEPTEMBER 26, 2016