Kanhaiya Paswan v. North Delhi Municipal Corporation And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4088/2017, C.M. No.17947/2017 (Stay) KANHAIYA PASWAN ..... Petitioner Through Mr. Imtiyaz Hussain, Advocate versus NORTH DELHI MUNICIPAL CORPORATION AND ORS ..... Respondents Through Ms. Vasundhara Nayyar, Advocate for R-1 Mr. Santosh Kumar Tripathi, ASC with Mr. Shashank Tiwari, Advocate for R-2 Mr. Daljinder Singh and Mr. Udit Gupta, Advocates for R-3

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 09.07.2018 The petition was predicated on the circumstance that unauthorised construction had been erected on property bearing No.WZ-256/G, Inderpuri, Main Market, New Delhi. The petitioner prayed for a direction to the North Delhi Municipal Corporation to take appropriate action to demolish the unauthorised construction, in terms of the mandate of law. The NDMC has filed three status reports dated 01.07.2017, 20.02.2018 and 31.05.2018, on record qua the demolition action against the third floor, first floor and the second floor respectively, in

the subject property.

It is further pointed out on behalf of the counsel for the NDMC that the ground floor in the subject property forms the subject matter of a proceeding before the Appellate Tribunal, MCD and therefore, further action, in accordance with law, in respect of the said floor will be taken at the appropriate time, if so directed, by the learned ATMCD.

I have perused the affidavits/status reports filed on behalf of the NDMC, as well as, the photographs of the demolition action taken by the NDMC in relation thereto. I am, consequently, of the considered view that the relief prayed for in the present petition has been satisfied.

In view of the foregoing, no further directions are called for in the present proceedings. The same is accordingly disposed of and pending application also stands disposed of.

SIDDHARTH MRIDUL, J JULY 09, 2018 as