Amrit Lal Bhandari & ORS v. North Delhi Municipal Corporation & ORS

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8202/2016 AMRIT LAL BHANDARI & ORS ..... Petitioners Through Counsel for petitioner.

versus NORTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through Mr.Vikas Chopra, Advocate for R-1.

Mr.Nikhil Goel and Mr. Ashutosh Ghade, Advocate for DDA.

Mr.Siddhartha Dutta, Advocate for R-3.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 19.09.2016 W.P.(C) 8202/2016 C.M. No.33986/2016 Petitioner is aggrieved by the certain inaction on the part of respondent no.1. Her submission is that she is living on the ground floor and the first floor of property bearing No.N-50, Dr. Mukherjee Nagar, New Delhi. The third floor of the said property which is in occupation of respondent no.4 is being illegally used for guest house which his against the bye-laws of the Corporation. In spite of complaints having been made to the respondent no.1 no action has been taken.

On advance notice respondent no.1 has put in appearance. His

first submission is that this petition is not maintainable. Disputed questions of fact and law are involved in this petition. His further submission is that be that as it may the representation made by the petitioner will be answered in accordance with law. Accordingly, this writ petition is treated as the representation of the petitioner in addition to the complaint made by the petitioner dated 18.7.2016. Contention of the petitioner that an illegal guest house/paying guest accommodation is being run on the third floor of the property by respondent no.4 (which has created nuisance for the petitioner) which is against the bye-laws of the Corporation shall be considered by the respondent no.1 in accordance with law. The representation of the petitioner shall be answered within four weeks from today.

Petition disposed of.

INDERMEET KAUR, J SEPTEMBER 19, 2016 ndn