Lakhmi Chand And ORS v. Commissioner, Edmc And ORS

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8/2017 LAKHMI CHAND AND ORS ..... Petitioners Through Mr.Ashok Garg, Advocate.

versus COMMISSIONER, EDMC AND ORS ..... Respondents Through Mr.G.S.Mishra, Standing Counsel for R-1/EDMC.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 04.01.2017 C.M. No.106/2017 (exemption) Exemption is allowed subject to just exceptions. Application disposed of.

W.P.(C) 8/2017 & C.M. No.105/2017 Petitioner is aggrieved by the illegal and unauthorized construction which has been permitted at Khasra Nos.2, 3 and 423 of village Saboli, Delhi. It is stated that this is without any permission; this land belongs to the petitioner and this illegal construction is with a view to grab the property of the petitioner. This is the first and the second prayer made in the petition. It is also been supported by the averments made in the petition.

On advance notice, learned counsel for EDMC has put in appearance. His submission under instructions is that this illegal

construction allegedly raised in the aforenoted khasras has since been demolished and a field inspection by the officers of the Corporation has been carried out on 17.12.2016 which has affirmed this position. This statement of the respondent is taken on record. This statement in fact is not disputed by the petitioner himself. The petitioner, is also seeking a direction qua prayer no.3 which is to the effect that he should be permitted to raise a boundary wall within the permissive bye-laws in the aforenoted khasras as the aforenoted khasra are owned by him. This Court is of the view that the appropriate remedy would be for the petitioner to approach the EDMC to answer the aforenoted prayer. Prayer no.3 accordingly be treated as representation to the EDMC who shall answer it in accordance with law and preferably within an outer limit of 8 weeks from today.

With this direction, petition disposed of.

INDERMEET KAUR, J JANUARY 04, 2017 ndn