High Court of DelhiW.P.(C)/8231/2016

Sudhir Vats v. North Delhi Municipal Corporation & ORS

2016-09-19Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8231/2016 SUDHIR VATS ..... Petitioner Through Mr.Abhijat and Mr. Pratyush Sharma, Advocates versus NORTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through Mr. Vikas Chopra, Advocate for Respondent No. 1 and Respondent No. 2 Mr.

Siddhartha Shankar Ray, Advocate for Respondent No.3 and Respondent No.4

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 19.09.2016 C.M. No.34116/2016 (Exemption) Exemption allowed subject to all just exceptions. Application disposed of.

W.P.(C) 8231/2016 and C.M.No.34115/2016 Petitioner is aggrieved by certain acts on the part of private respondent (R-5). Petitioner is the son of the owner and living at his residence situated at G-2/64-65, Second Floor, Sector - 11, Rohini, New Delhi. Private respondent is living in the adjacent house i.e. G2/63, Sector-11, Rohini, New Delhi.

Contention of the petitioner is that certain cement flower pots have been permanently installed in front of his house which is causing great difficulty in accessing his second floor. Petitioner's father is a senior citizen and he slipped because of the slush created due to watering of these plants and even otherwise this is against the building byelaws of the Corporation. A complaint has been made to the Corporation on 12.07.2016. It has not been answered. Respondents no. 3 and 4 are also present. The private respondent has not been served. Counsel for the respondent / Corporation submits that in case the submission made by the petitioner is correct the same would be against the building bye laws and necessary action in accordance with law will be initiated. Assistance of respondents no. 3 and 4 shall also be taken. This writ petition accordingly be treated as a representation of the petitioner and be answered by respondents no. 1 and 2. Respondents no. 1 and 2 will give a hearing to respondent no. 5. This exercise be completed in four weeks.

No further orders are called for in this petition. Petition disposed of.

INDERMEET KAUR, J SEPTEMBER 19, 2016 gb