Hemlata Sharma v. Dda And ORS

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10710/2016 & C.M.Nos.41919-41920/2016 HEMLATA SHARMA ..... Petitioner Through Mr.Sarthak Guru with Mr.Hemendra Jailiya, Advocates.

versus DDA AND ORS ..... Respondents Through Mr.Pawan Mathur, standing counsel for DDA.

Mr.Rajan Tyagi, ASC and Mr.Mandeep Arora, Advocate for SDMC with Mr.C.L.Saini, AE (B).

Mr.Sachin Nahar, Advocate for SHO, CR Park.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 11.11.2016 Present writ petition has been filed seeking a direction to respondents No.1 to 3 to stay the illegal construction being carried out by respondent No.4 on the terrace of Flat bearing No.D-214, Narmada Apartments, Alaknanda, New Delhi.

It has been averred in the petition that respondent No.4 without having any roof rights and without taking any consent from the residents of the building has illegally started construction on the terrace.

Learned counsel for petitioner states that despite making representations dated 19th October, 2016 and 28th October, 2016 to the

respondents, no action has been taken till date. Mr.Pawant Mathur, learned standing counsel for DDA who appears on advance notice states that building activities in the area in question have been handed over to the South Municipal Corporation of Delhi.

Consequently, this Court directs the Executive Engineer of South Delhi Municipal Corporation to treat the present writ petition as a representation and decide the same within a period of one week in accordance with law after giving an opportunity of hearing to the petitioner as well as respondent no.4 and after visiting the site in question. A copy of the reasoned order shall be communicated to the petitioner as well as respondent no.4 by registered AD post. With the aforesaid directions, present writ petition and the applications stand disposed of.

Order dasti.

MANMOHAN, J NOVEMBER 11, 2016 KA