High Court of DelhiW.P.(C)/11395/2016

Mandeep Singh v. The Commissioner, South Delhi Municipal Corporation & ORS

2016-12-02Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11395/2016 MANDEEP SINGH ..... Petitioner Through Mr.M.S.Bammi, Mr.Vijay Sandhu and Ms.Lalima Prashar, Advocates versus THE COMMISSIONER, SOUTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through Ms.Puja Kalra, Advocate for SDMC.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 02.12.2016 C.M. No.44660/2016 (exemption) Exemption is allowed subject to just exceptions. Application disposed of.

W.P.(C) 11395/2016 Petitioner is aggrieved by the illegal and unauthorized constructions which is being carried out at property No.35, Part-I, Vishnu Garden, New Delhi, New Delhi. Submission is that this construction is wholly illegal and unauthorized. On advance notice, learned counsel appearing for SDMC has put in appearance. Her submission (under telephonic instructions received from Mr.Harminder Singh, Ex.Engineer, West Zone, SDMC) is that this property although described as No.35, Part-I is in two

portions. These two portions separately are also not permissible. The entire property stands booked vide order dated 30.11.2016. Further submission is that one portion of the property comprising of about 45 sq. yards which is from ground floor to second floor is old and occupied and the portion comprising about 105 sq. yards has been specifically booked which is stilt from the ground floor to second floor as also half of the third floor. All actions in accordance with law shall not only be taken but shall be completed up to logical ends. This statement of the respondent is taken on record. It is hoped and expected that this statement of respondent shall be honoured in true letter and spirit. Needless to state that if any adverse actions is taken against the private respondents i.e. respondents no.3 and 4, the same shall after due intimation to the respondents.

Assistance of the local police shall also be rendered to respondent no.1 as and when required.

With these directions petition disposed of.

Order dasti.

INDERMEET KAUR, J DECEMBER 02, 2016 ndn