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High Court of DelhiW.P.(C)/6190/2017

Raghav Khanna v. South Delhi Municipal Corporation

2017-07-21Hon'Ble Mr. Justice A. K. Chawla2 pages

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6190/2017 & CM APPL. 25754-25755/2017 RAGHAV KHANNA ..... Petitioner Through Mr.

Dheeraj Gupta, Adv with petitioner in person.

versus SOUTH DELHI MUNICIPAL CORPORATION ..... Respondent Through Ms. Monika Arora, St. Counsel for North DMC.

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 21.07.2017 This petition has come to be filed assailing notice dated 19.07.2017 issued under Section 345A of the Delhi Municipal Corporation Act, 1957. The petitioner has been directed to stop the alleged misuse of the basement of property bearing no. A-56, Kailash Colony, New Delhi for running commercial purposes/misused under the name and style "The Gym Health Planet". For the alleged violation of permissible sanctioned use of the said property, it is strenuously contended on behalf of the petitioner that before issuance of the impugned notice, no opportunity of any hearing has come to be given. For the purpose, ld. counsel for the petitioner seeks to make a representation before the concerned authority or assail the notice issued under Section 345A by virtue of an appeal under Section 347B of the DMC Act.

He however, seeks indulgence of this Court to extend protection against any coercive action on the basis of the impugned notice dated

19.7.2017 for a period of seven days.

Liberty, as prayed, is granted for a period of seven days from today.

Till then, no coercive action shall be taken on the basis of the impugned notice. Petition stands disposed off accordingly.

Dasti under the signatures of the Court Master. A. K. CHAWLA, J JULY 21, 2017 ac