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High Court of DelhiW.P.(C)/9898/2015

Arshad Jamal v. South Delhi Municipal Corporation And ORS.

2016-01-18Hon'Ble Mr. Justice A.K. Pathak2 pages

$~35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9898/2015 ARSHAD JAMAL ..... Petitioner Through :

Mr. Sarfaraz Khan and Mr. Misbah Bin Tariq, Advs.

versus SOUTH DELHI MUNICIPAL CORPORATION AND ORS.

..... Respondents Through :

Ms. Puja Kalra, Adv. for SDMC.

Mr. Shatrajit Banerji, Adv. for Mr.

Gautam Narayan, ASC for GNCTD/R-3.

Mr. Sitab Ali Chaudhary, Adv. for R6.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 18.01.2016 CM. APPL. No.23945/2015 in W.P.(C) 9898/2015 By this application, petitioner has prayed that the respondent no.1 be directed to demolish the unauthorized construction carried out by the respondent nos.4 to 8 at Plot No.4, Khasra No.655/510/251, Nala Road, Near Church Jasola Vihar, New Delhi. It has been further prayed that the respondent nos.4 to 8 be also directed not to carry out any unauthorized construction on the aforesaid plot of land. Status report has been filed by the respondent no.1/SDMC categorically stating therein that appropriate actions have been taken.

Property was booked on 30th May, 2014.

Sealing

proceedings under section 345-A of the DMC Act were also taken in respect of the unauthorized construction on the ground floor and first floor on 17th November, 2014. Demolition order has been passed. Learned counsel for the respondent no.3 submits that FIR against the unauthorized construction has already been registered. Since action has been taken by the respondent no.1, in accordance with law, nothing survives in this writ petition and the same is disposed of accordingly.

A.K. PATHAK, J.

JANUARY 18, 2016/dk