Tahir v. South Delhi Municipal Corporation And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9000/2017 TAHIR ..... Petitioner Through :

Mr. Asim Ali, Adv.

versus SOUTH DELHI MUNICIPAL CORPORATION AND ANR ..... Respondents Through :

Mr. G. D. Mishra, Standing Counsel for R-1.

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 13.10.2017 By the petition, the petitioner seeks issuance of a writ of mandamus to the respondent-SDMC for taking the requisite actions against the alleged unauthorized constructions in property bearing No. R-24/2A, Near Masjid A1-Noor Backside Road, Batla House, Jamia Nagar, Okhla, New Delhi-25. Mr. Mishra, learned counsel for the respondent submits that for the unauthorized construction that was carried out in the year 2013, the property was booked and even a demolition order had come to be passed, but demolition action could not be carried out as the subject property was in an unauthorized colony and protected under the provisions of Delhi Laws (Special Provisions) Second (Amendment) Act, 2014.

Learned counsel for the petitioner concedes that the issue

relates to the unauthorized construction raised in the year 2012 or so and there is no element of any fresh construction. Be that as it may, learned counsel for the petitioner submits that the representation/complaint dated 05.05.2017, which is annexed to the petition as Annexure P-2, should at least be responded to and decided by the respondent.

Mr. Mishra submitted that it shall be duly responded to within a period of four weeks from today. Let it be complied with.

Petition stands disposed off accordingly.

A. K. CHAWLA, J OCTOBER 13, 2017 SRwt