Anand Kumar v. Municipal Corporation Of Delhi (North) And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8235/2017 and CM APPL. 33858/2017 ANAND KUMAR ..... Petitioner Through Mr. I. Ahmed, Adv.

versus MUNICIPAL CORPORATION OF DELHI (NORTH) AND ORS ..... Respondents Through Mr. Kapil Dutta, Adv. for NDMC/R1.

Mr. Mayank Goel and Mr. Sunil Goel, Advs. for R-2 & R-3.

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 28.11.2017 In the status report filed on behalf of the respondent-North Delhi Municipal Corporation, it is stated, as follows : ".......................................................................................................... ......................................................................................................... 3.

That the deponent has requisitioned the entire records of the subject premises available in the Building Department, City SP Zone and on perusal of the same, it reveals that the owner/builder have attempted to indulge in raising the unauthorized construction at ground floor, first floor, second floor and third floor in the property against which the Department has acted swiftly and promptly at its initial/ongoing stage.

4.

That the deponent states that as reported by Building Department-SP City Zone, "substantial demolition action against the subject property was taken on 18.09.2017 at ongoing stage to prevent further unauthorized construction." It is submitted that the unauthorized construction at the questioned property was demolished at ongoing stage in the form of projections at ground floor, first floor, second floor

and third floor. It is further submitted that the unauthorized construction at third floor was demolished.

The area of the plot is approximately sq.

Yds.

The unauthorized construction, as aforesaid, has been made unusable. The photographs regarding the demolition action taken on 18.09.2017 is annexed herewith as Annexure R-1. In view of the action taken and contemplated, the petition does not require to be kept pending and is disposed off. It goes without saying that further contemplated action shall be taken and matter taken to its logical and lawful conclusion.

Liberty is however, reserved to the petitioner to approach this Court afresh, if, a fresh cause of action arises. Petition and the pending application stand disposed off accordingly.

A. K. CHAWLA, J NOVEMBER 28, 2017 rc