Jai Singh Sharma v. South Delhi Municipal Corporation And ORS

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4855/2017, CM No. 20963/2017 JAI SINGH SHARMA ..... Petitioner Through:

Mr. Rajat Aneja, Adv. with Ms.

Chandrika Gupta, Adv.

versus SOUTH DELHI MUNICIPAL CORPORATION AND ORS ..... Respondent Through:

Mr. Dilip Rastogi, Adv. for R-1 Mr. Ajjay Aroraa, Adv. with Mr.

Kapil Dutta, Adv. for SDMC

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 06.03.2018 1.

My attention has been drawn to the status report filed by the SDMC on February 12, 2018. The same encloses the orders dated December 12, 2017 and February 05, 2018. In substance, the Tribunal has disposed of the appeal filed by the respondent No.3 herein by setting aside the demolition/sealing orders, and directing the SDMC to pass a fresh order for demolition/sealing if it is found there is any unauthorized construction, which is beyond intimation given under the Saral Scheme by the respondent No.3 herein.

2.

Even though, Mr. Aneja states that an undertaking has been given by

the respondent No.3 to demolish the unauthorized construction, the unauthorized construction still exists. He states, the SDMC is required to inspect the property of the respondent No.3 afresh and ensure that the action in terms of order dated February 05, 2018 of the Appellate Tribunal, MCD is taken by the SDMC.

3.

Mr. Dutta states that the SDMC shall carry out the inspection within a week and shall take action with respect to property No. 127, Village Shahpur Jat, New Delhi strictly in terms of the order dated February 05, 2018, if unauthorised construction, which is beyond intimation given under SARAL Scheme exists, within 10 days from today. 4.

Noting the statement made by Mr. Dutta, Mr. Aneja states that the writ petition be disposed of as such. Ordered accordingly. If the petitioner is still aggrieved by any inaction on the part of SDMC, liberty is with the petitioner to revive this writ petition.

Dasti.

V. KAMESWAR RAO, J MARCH 06, 2018/ak