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High Court of DelhiW.P.(C)/9243/2016

M/S Mehra Jewal Palace Pvt Ltd v. New Delhi Municipal Council And ORS

2017-08-18Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9243/2016 & C.M. No.37341/2016 M/S MEHRA JEWAL PALACE PVT LTD ..... Petitioner Through Mr.Kiriti Uppal, Sr.Adv.

with Ms.Gaurari P.Desai, Advocates.

versus NEW DELHI MUNICIPAL COUNCIL AND ORS ..... Respondents Through Ms.Sakshi Popli, ASC with Mr.

Jitendra Kumar Tripathi, Advocate and Mr.Yashpal, JE (EBR) for R-1.

Mr.R.S.Sahni, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 18.08.2017 Learned counsel for respondent no.1 under instruction from Mr.Yash Pal, J.E. (BER) points out that as on date there is no unauthorized construction in the property of respondent no.2. The property of respondent no.2 has also since been de-sealed. Learned senior counsel for petitioner points out that his only apprehension is that since the load bearing walls which are adjacent to the property of the petitioner have been removed by respondent no.2 (on the mezzanine floor of the property) there might be some impact on the structural stability of the property of the petitioner. Contention of the petitioner is that he has to be satisfied on this aspect and then he

would not press this petition any further.

Learned counsel for respondent no.2 points out that a certificate of structural safety has already been furnished to respondent no.1. This document is dated 21.7.2017. It is placed on record. Copy has been furnished to the petitioner. This document satisfies the structural safety of the building and this position is admitted by respondent no.1.

Petition thus stands satisfied. It is disposed of in the above terms.

INDERMEET KAUR, J AUGUST 18, 2017 ndn