Daya Chand v. South Delhi Municipal Corporation And ORS.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12455/2018 & CM APPL. 48368/2018 DAYA CHAND ..... Petitioner Through Mr.S.K.Verma with Ms.Megha, Advs with petition in person.

versus SOUTH DELHI MUNICIPAL CORPORATION AND ORS.

..... Respondent Through Ms.Garima Prashad, S.C. for SDMC.

Mr.Sanjeev Kumar Singh with Mr.Raghuvinder Pandey, Advs for GNCTD.

Mr.Gaurav Mitra with Mr.Vipin Kumar Saini, Ms.Rashmita Roy, Advs for R-5.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 10.01.2019 1.

Vide the present petition, the petitioner has sought a direction to the respondent nos.1 & 2 to demolish the illegal constructions allegedly sought to be raised by the respondent no.5 on a plot of land measuring 360 sq. yrds., which is stated to be in Khasra no.296 of Village Kotla Mubarakpur, New Delhi, i.e. in the colony known as Wazir Nagar, Gali no.7, Kotla Mubarakpur, New Delhi. 2.

Notice in the present petition was issued on 20.11.2018 when this Court had also directed the respondent nos.1 to 3 to ensure that status quo be maintained in respect of the plot forming subject matter of the controversy in the writ petition, measuring 360 sq. yrds. and

constituting part of Khasra no.296 of village Kotal Mubarakpur, New Delhi.

3.

Today, learned counsel for the respondent no.5 enters appearance and states that the respondent no.5 has no connection with any land/property in Khasra no.296 as his property is situated in Khasra no.330/2 where he is carrying out constructions thereon as per the plan duly sanctioned by the respondent no.1. Learned counsel for the respondent nos.1 to 3 states that in any event they are not permitting any unauthorised constructions even in Khasra no.296. 4.

In view of the aforesaid categoric stand taken by the respondent no.5, learned counsel for the petitioner does not wish to press the present petition.

5.

The petition alongwith pending application is dismissed as withdrawn.

REKHA PALLI, J JANUARY 10, 2019 sr