Sidhant Gupta v. North Delhi Municipal Corporation & ORS

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8811/2016 SIDHANT GUPTA ..... Petitioner Through Mr.Jasbir Kaur and Mr.Yash Batra, Advocate.

versus NORTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through Ms.Puja Kalra, Advocate for SDMC/R-1.

Mr.Pramod Saigal, Advocate for R-2/SHO Subzi Mandi.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 28.09.2016 C.M. No.36037/2016 (exemption) Exemption is allowed subject to just exceptions. Application disposed of.

W.P.(C) 8811/2016 Petitioner is aggrieved by the illegal and unauthorized construction alleged to have been permitted on the half portion of the first floor of property bearing No.3889, Roshanara Road, Delhi. Petitioner is stated to be the owner of the other half portion. Her submission is that this illegal construction which is being carried out is against the Bye-Laws of the MCD.

On advance notice, learned counsel for respondent nos.1 and 2

have put in appearance. Learned counsel for respondent no.1 under instructions submits that the property has been inspected on 26.9.2016; work stop notice has also been issued and the concerned SHO of Police Station Subzi Mandi has been informed of the aforenoted alleged deviation being carried out in the aforenoted portion.

Counsel for respondent no.2 is also present. He states that the interaction with the concerned SHO has been made and respondent no.2 ensures this Court that any alleged illegal deviation if any, shall be dealt with in accordance with law.

All actions shall be taken by the Statutory Bodies namely respondent nos.1 and 2 in accordance with law in view of the statement recorded of respondent no.1. This Court also notes that respondent no.3 may be heard before the action is taken. No further orders are called for in this petition. Petition disposed of.

INDERMEET KAUR, J SEPTEMBER 28, 2016 ndn