R P Parasar v. Delhi Development Authority And ANR

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10871/2016 & C.M.No.42590/2016 R P PARASAR ..... Petitioner Through Mr.Himanshu Upadhyaya, Advocate.

versus DELHI DEVELOPMENT AUTHORITY AND ANR..... Respondents Through Mr.Pawan Mathur, standing counsel for DDA.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 17.11.2016 Present writ petition has been filed seeking a direction to respondent-DDA to demolish the alleged illegal construction by respondent No.2 at property bearing No.52, Sector-12, Dwarka, New Delhi.

Learned counsel for petitioner states that respondent No.2 is running a Guest House at the aforesaid property and has constructed mezzanine floor by converting the Parking area into the permanent structure without any permission from the competent authority and the same is in violation of building bye-laws. He also states that respondent no.2 has encroached upon the rear set back and has also carried out unauthorised construction on the top floor of the property. However, a perusal of the paper book reveals that the petitioner without approaching any statutory authority has directly approached this Court.

Consequently, the present writ petition is disposed of with a direction to the Director (Building) of respondent no.1/DDA to treat the present writ petition as a representation and dispose of the same by way of a speaking order after giving an opportunity of hearing to the petitioner as well as to the respondent no.2 within a period of two weeks. If any demolition action has to be carried out, the same shall be carried out in accordance with law.

Order dasti under the signatures of Court Master. MANMOHAN, J NOVEMBER 17, 2016 KA