Ramesh Kumar v. South Delhi Municipal Corporation And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9559/2017 & CM APPL. 38895/2017 RAMESH KUMAR ..... Petitioner Through Ms. Sanjana Aatil, proxy counsel for Ms. Pavni Poddar, Adv.

versus SOUTH DELHI MUNICIPAL CORPORATION AND ORS ..... Respondents Through Mr. G.D. Mishra, Standing Counsel for R-1 to R-3 with Mr. Harjinder Singh, AE (Bldg.), Najafgarh Zone.

Mr. Siddharth Dutta, Av. Fo rR-4 & R-5.

Mr. Vipin Nanelwani, Adv. for R-8.

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 02.11.2017 The petition is filed alleging unauthorized constructions in the properties referred to in the petition in plot Nos. E-546, E-547, E-548 and E-549, Village Palam Extn., Delhi. During the course of hearing, on being queried, ld. counsel appearing for the petitioner submits that the petitioner is aged about 70 years and it is the first petition filed by him. During the course of hearing, on being queried, as to whether the petitioner has earlier filed any action for any other unauthorized construction getting raised in the locality or anywhere else in Delhi, ld. counsel appearing for the petitioner, is at pains, to state anything.

Instant petition appears to be outcome of a personal vengeance, inasmuch as, it comes to be pointed out by Mr. Mishra, ld. counsel for the respondent SDMC that the brother of the petitioner namely, Mr. S.K. Gupta has also filed a civil suit titled S.K. Gupta Vs. SDMC & Ors. in relation to the same properties in June, 2015 and the same is pending adjudication in the Court of Sh. Jagminder Singh, Civil Judge and fixed for 20th February, 2017.

Writ jurisdiction cannot be invoked to settle personal scores. Petition is therefore, dismissed. It is however, expected of the respondents to look into the allegations of unauthorized constructions or otherwise and discharge the statutory obligations, as prescribed under the DMC Act. A. K. CHAWLA, J NOVEMBER 02, 2017 rc