A K Kohli v. Jagdish Kohli & ORS

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5437/2017 and CM No. 22893/2017 (stay) A K KOHLI ..... Petitioner Through Mr. Mohit Gupta and Mr. Divij Soni, Advocates with petitioner versus JAGDISH KOHLI & ORS ..... Respondents Through Mr.

Sanjeev Sabharwal, Standing Counsel, North Delhi Municipal Corporation with Mr. P.K. Sharma, AE(B), Civil Line Zone.

Ms. Tanvi Kalra, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 03.07.2017 By the petition, the petitioner seeks directions to the respondent nos.2 & 3 to stop respondent no.1 from demolishing his property bearing no. B-1/99, Ashok Vihar Phase-II, Delhi in an illegal, unauthorized and irresponsible manner.

Despite being queried, as to the statutory provision of law, which requires the owner to seek permission from the respondent no. 2 or 3 for demolishing one's own property, ld. Counsel for the petitioner is at pains to point out but for adverting to Section 334 of the DMC Act, which relates to the provisions for making applications for additions to, or repairs of, buildings.

Mr. Sabharwal, on instructions, however states that for the

violation of clause 2.1 of Unified Building Bye-laws for Delhi, SHO PS Ashok Vihar has been directed to stop the demolition activities. In view thereof, ld. Counsel for the petitioner, on instructions, seeks to withdraw the petition, with the liberty to follow the appropriate legal remedy, as may be required, if, cause of any grievance subsists. Dismissed as withdrawn, as prayed.

A. K. CHAWLA, J JULY 03, 2017 rc