Vivek Aggarwal & ANR v. Praveen Kumar Gupta, Commissioner Ndmc & ORS

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 469/2017 VIVEK AGGARWAL & ANR ..... Petitioners Through Mohd. Sulaiman Khan, Adv.

versus PRAVEEN KUMAR GUPTA, COMMISSIONER NDMC & ORS ..... Respondents Through Mr. Kapil Dutta and Ms. Diksha Lal, Advs. for NDMC

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 12.07.2017 CM No. 24014/2017 (exemption) Exemption allowed, subject to just exceptions. The application stands disposed off.

CONT.CAS(C) 469/2017 It is a petition alleging violation of the order dated 10.3.2017 passed by this Court in WP(C) 2227/2017, which is as under : "............

On advance notice, learned counsel for respondent/North DMC has put in appearance.

Under instructions he states that this property has been booked on 08.3.2017; in fact a work stop notice has also been issued on 07.3.2017. The illegal deviations have been noted and the action which has been initiated shall be taken to its ultimate goal. This statement of respondent no.1 is taken on record. It is hoped and expected that this statement shall be honoured in true letter and spirit. Police assistance shall be taken as and when needed by respondent."

Ld. counsel for the respondents on his part states that all steps were taken for the unauthorized construction/deviations and the demolition order was also passed, but, on a statutory appeal preferred by the owner/builder, AT, MCD has passed a status quo order on 5.7.2017.

In the given situation, it cannot be said that order dated 10.3.2017 has come to be flouted by the respondent no.1. Suffice to say, if, the petitioner is left with any grievance as against any unauthorized construction or deviation, he would be at liberty to approach ld. AT, MCD, which shall grant an opportunity of hearing to the petitioner in the matter.

Petition stands disposed off accordingly.

A. K. CHAWLA, J JULY 12, 2017 rc