M/S Surya Associates Pvt Ltd v. North Delhi Municipal Corporation And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6710/2017 and CM APPL. 27961/2017 M/S SURYA ASSOCIATES PVT LTD ..... Petitioner Through Mr. Deepak Sahni, Advocate versus NORTH DELHI MUNICIPAL CORPORATION AND ORS ..... Respondents Through Mr. Rajat Joseph, Advocate for R-1 & R-2/NDMC

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 27.10.2017 The petitioner filed this petition alleging unauthorised construction in property Municipal No.8355/23, Katra Gauri Shankar, Rani Jhansi Road, Near Filmistan Cinema, Delhi-110006. The respondent/NDMC has however filed the status report dated 25.09.2017 which in para 2 has stated as under:- "I state that pursuant to the directions of this Hon'ble Court, the property bearing Municipal No. 8355/23, Ward No. XVI, Katra Gauri Shankar, at Bara Hindu Rao, Rani Jhansi Road, Near Filmistan Cinema, Delhi, was physically inspected and during inspection, it has been noticed that the said property is residential and is occupied by respondent No.5/Shri Sanjay Kumar and his family members. Upon visual inspection the said property comprises of ground floor and first floor with open terrace and the same is old and occupied. Neither any construction activities were going on at site nor any building material was found stacked at site. The photographs of the property are being filed herewith as Annexure A-1."

In view of the above said report that has come to be furnished, ld. Counsel for the petitioner seeks to withdraw the petition with the liberty to file a fresh petition furnishing the better and correct particulars of the property in which the unauthorised construction was allegedly raised.

Dismissed as withdrawn, as prayed. Pending application stands disposed off accordingly.

A. K. CHAWLA, J OCTOBER 27, 2017 nn