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High Court of DelhiW.P.(C)/13192/2018

Lal Baby Choudhary v. Delhi Development Authority And ORS.

2018-12-07Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~63 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13192/2018 LAL BABU CHOUDHARY ..... Petitioner Through:

Mr A. K. Choudhary, Advocate.

versus DELHI DEVELOPMENT AUTHORITY AND ORS.

..... Respondents Through:

Mr Dhanesh Relan, Standing Counsel, DDA with Mr Rajiv Jha, Ms Gauri Chaturvedi and Ms Mrinalini Sharma, Advocates for DDA.

Mr Parvinder Chauhan, Standing Counsel, DUSIB/R-2.

Mr Sunil Goel, Standing Counsel with Mr Mayank Goel and Ms Supreet Bindra, Advocates for R3/MCD

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 07.12.2018 1.

Issue notice. Learned counsel appearing for the respondents accepts notice.

2.

The petitioner was a resident of jhuggi cluster known as Rajiv Gandhi Camp, Lodhi Road, New Delhi.

On account of the said cluster being removed, the petitioner was allotted a plot of land - plot no. 280, Pocket-11, Sector A-6, Resettlement (Punarvas) Colony, Narela, DDA Flats, Delhi110040. Persons similarly placed as the petitioner were also allotted plots in

the said colony.

3.

The petitioner's grievance is that the persons who were allotted plots in the immediate vicinity of the plot allotted to the petitioner have (a) carried unauthorised construction and encroached on common passage; and (b) have sold and transferred their plots to third parties in contravention of the terms of the allotment.

4.

In view of the averments made in the petition, respondent no.3 (North Delhi Municipal Corporation) is directed to verify whether there is any encroachment or unauthorized construction as referred to by the petitioner in this petition. If any such encroachment is found, respondent no.3 shall take the necessary action in accordance with law.

5.

Respondent no.2 (DUSIB) is also directed to examine whether any of the allottees as mentioned by the petitioner have violated the terms of their allotment and take necessary action in accordance with law. 6.

No further orders are required to be passed in this petition. The same is disposed of.

VIBHU BAKHRU, J DECEMBER 07, 2018 MK