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High Court of DelhiW.P.(C)/12167/2016

Anindita Roy & ORS v. East Delhi Municipal Corporation & ANR

2016-12-23Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12167/2016 ANINDITA ROY & ORS ..... Petitioners Through Mr. Rupak Srivastava, Mr. Arup Banerjeet and Mr. Sanjay Aggarwal, Advs.

versus EAST DELHI MUNICIPAL CORPORATION & ANR ..... Respondents Through Mr. Amrit Pal Singh, Adv for R-1.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 23.12.2016 There are 15 petitioners before this Court. They are aggrieved by the show cause notice followed by a notice under Section 345-A of the Delhi Municipal Corporation Act dated 08.12.2016 and 15.12.2016 respectively; vide last notice, the petitioners have been directed to vacate the suit property. They are aggrieved. On advance notice, learned counsel for respondent No. 1/East Delhi Municipal Corporation has put in appearance. His submission under instruction is that a reply to the show cause notice (dated 08.12.2016 given by the petitioners) has been received by the Department only on 21.12.2016. His further submission is that this property had been inspected and it has been informed to the Court that this property having been constructed sometime in the year 2006, they are protected under the National Capital Territory of Delhi Laws

(Special Provisions) Second (Amendment) Act, 2014. Further submission of the learned counsel for respondent No. 1 is that no punitive action is going to be taken against the aforenoted property. This satisfies the stand of the petitioners.

This petition is disposed of in the above terms with liberty granted to the petitioner (as prayed for) to approach the ATMCD in accordance with law.

Order dasti under the signature of the Court Master. INDERMEET KAUR, J DECEMBER 23, 2016