High Court of DelhiW.P.(C)/10751/2016

Amit Singhal v. Delhi Cantonment Board & ORS

2016-11-11Hon'Ble Mr. Justice Manmohan2 pages

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10751/2016 AMIT SINGHAL ..... Petitioner Through Mr.Mahipal Singh Rajput, Advocate.

versus DELHI CANTONMENT BOARD & ORS ..... Respondents Through Mr.Anchit Sharma with Mr.Tarveen Singh Nanda, Advocates for R-1.

Mr.Saurabh Chadda with Mr.Ishan Kashyap, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 11.11.2016 C.M.No.42104/2016 Exemption allowed, subject to all just exceptions. Accordingly, the application stands disposed of. W.P.(C) 10751/2016 & C.M.No.42103/2016 Present writ petition has been filed seeking a direction to respondent no. 1 to demolish the unauthorised and illegal construction being raised by respondent no.3 in part of property bearing no.49/53, Singhal Building, Near Gurdwara, Sadar Bazar, Delhi Cantt., Delhi. Learned counsel for the petitioner states that despite having full knowledge of the unauthorised and illegal construction being undertaken by respondent no. 3 on the aforesaid property, respondent nos.1 and 2 have not taken any action.

Issue notice Mr.Anchit Sharma, Advocate accepts notice on behalf of respondent no.1- Delhi Cantonment Board and Mr.Saurabh Chadda, Advocate accepts notice on behalf of respondent no.2. This Court is of the opinion that as the alleged construction is stated to be on going, it is of utmost importance that a decision should be taken by the concerned authority expeditiously. Consequently, this Court directs the CEO of respondent no. 1 to treat present writ petition as a representation and to decide the same after giving an opportunity of hearing to the petitioner as well as respondent no.3 and after inspection of the site by the concerned technical officers. The CEO is directed to pass a detailed order within a period of two weeks.

In view thereof, present writ petition and the application stand disposed of.

Nothing in this order shall be construed as an expression on merits. The rights and contentions of all the parties are left open. MANMOHAN, J NOVEMBER 11, 2016 KA