High Court of DelhiW.P.(C)/9816/2016

Mohd. Iqbal v. South Delhi Municipal Corporation & ORS

2017-01-11Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9816/2016 & C.M. No.39093/2016 MOHD. IQBAL ..... Petitioner Through Mr.Sitab Ali Chaudhary, Adv.

versus SOUTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through Mr.Ajay Digpaul and Mr.Arti Bansal, Advocate.

ASI Hosiyar Giri from P.S.Jamia Nagar.

Mr.VArun Nischal, Advocate for R-3 and R-4/Delhi Police.

Mr.Gautam Nayar, ASC for GNCTD.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 11.01.2017 Petitioner is aggrieved by the illegal and unauthorized construction carried out by the private respondents (respondent nos.5 and 6) at plot bearing No.G-60 (near Iron Bridge) Main Road, Sarita Vihar Road, Shaheen Bagh, Jamiza Nagar, New Delhi. It is pointed out that this is against all the bye-laws of the Corporation. On advance notice, learned counsel for respondent no.1/SDMC has put in appearance. She has filed a status report. In this status report, it has been stated that the unauthorized construction in the shape of ground floor to second floor has been booked under Section 343 and 344 of the DMC Act on 19.10.2016. A demolition notice for the demolition of the unauthorized construction was also issued. The

owner, however, raised a fresh unauthorized construction which was again booked vide separate action dated 07.12.2016. Work stop notice has also been issued to the concerned police station of Jamia Nagar. Delhi Jal Board and the concerned Electricity Company have also been issued requested to disconnect the supply of water and electricity. Sealing proceedings have also been initiated under Section 345A of the DMC Act. Demolition programme was fixed for 15.12.2016 but could not be carried out in the absence of police assistance. Demolition programme is now fixed for 17/30.01.2017. Necessary police assistance be obtained from the local SHO of police station Jamia Nagar (represented in Court and undertakes to do needful).

In this view of the matter, no further orders are called for in this petition.

Petition disposed of.

INDERMEET KAUR, J JANUARY 11, 2017/ndn