Mohit Jain And ANR v. North Delhi Municipal Corporation And ORS

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6310/2017 and CM APPL. 26131/2017 (Exemption) MOHIT JAIN AND ANR ..... Petitioners Through Mr. Imran Khan, Advocate versus NORTH DELHI MUNICIPAL CORPORATION AND ORS ..... Respondents Through Mr. Ankit Agrawal, Advocate for R-3 Mr. Prabhav Ralli, Advocate for Mr. Sanjeev Ralli, Advocate for R-6 Dr. Monika Gusain and Mr. Satyendra Kumar, Advocates

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 21.11.2017 Ld. counsel for the petitioners states that he has instructions to withdraw the petition.

Petition was filed alleging running of a printing press in a non-conforming area in violation of the provisions of the Delhi Municipal Corporation Act, 1957 (in short 'DMC Act') with the prayer as follows:- "i) Issue appropriate writ, direction or order to respondent No.1 to ask his concerned officer, i.e. the Deputy Commissioner (City Zone), North Delhi Municipal Corporation, to comply with the directions of respondent No.5 dated 12.05.2017 and seal the unit in question namely Arora Binding House, situated at 2441, Ground Floor, Nai Wara, Chawri Bazar, Delhi-110006;

ii) respondent No.2 to may be directed to take appropriate action in compliance of directions issued by respondent No.5 vide order dated 12.05.2017 and disconnect

the electricity and water connections to the unit in question namely Arora Binding House, situated at 2441, Ground Floor, Nai Wara, Chawri Bazar, Delhi-110006; and iii) The respondent no.6 may be directed to take action against the polluting unit in accordance with law. iv) any other further order or orders as may be deemed fit and proper in the facts and circumstances of the case may also be passed in favour of the petitioners and against the respondents in the interest of justice."

On being queried, ld. counsel for the petitioner feigns ignorance as to whether the alleged activity in the non-conforming area has come to be stopped.

Be that as it may, in view of the prayer made, the petition is dismissed as withdrawn, but, with the direction to the Commissioner, NDMC to look into the allegations made in the petition and take immediate steps for the alleged violation of any provision of the DMC Act, as expeditiously as possible, preferably within four weeks from today.

Petition along with pending application stand disposed off accordingly.

A. K. CHAWLA, J NOVEMBER 21, 2017 nn