Mercury General Corporation Pvt Ltd v. Inderjeet Ahuja & ORS

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 702/2016 & CM APPL. No. 46358/2016 MERCURY GENERAL CORPORATION PVT LTD ..... Appellant Through Mr. Harish Malhotra, Sr. Advocate with Mr. Rajeder Aggarwal, Advocate versus INDERJEET AHUJA & ORS ..... Respondents Through Mr. Kapil Dutta, Advocate for North DMC Mr. Dalip Kumar Malhotra with Mr.

Rajesh Malhotra, Advocate for R-1to5 Mr. Ajay Arora with Mr. Kapil Dutta And Mr. S Lal, Advocate

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 04.01.2017 Having heard the learned counsel for both the parties, though we found that the order under appeal does not suffer from any infirmity, we consider it appropriate to dispose of the appeal with the following directions: (i) The North Delhi Municipal Corporation/respondent No.6 shall take action as contemplated under Sections 348 and 349 of the Delhi Municipal Corporation Act, 1957 in respect of the building in question after giving an opportunity of being heard to all the occupants of the building and after passing a reasoned order. Such exercise shall be completed as expeditiously as possible, preferably within a period of eight weeks from today. (ii) Till such time, the respondent No.6 Corporation shall ensure that the status of the building/property in question is not disturbed and that no

encroachment/additional construction is made except with the permission of the Corporation.

The appeal along with the pending applications shall stand disposed of.

CHIEF JUSTICE SANGITA DHINGRA SEHGAL, J JANUARY 04, 2017/P