Chandron v. South Delhi Municipal Corporation & ORS

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9728/2015 CHANDRON ..... Petitioner Through:

Mr. Naresh Kaushik and Ms. Joymoti Mize, Advs.

versus SOUTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through:

Ms. Shubhra Parashar, Adv. for R-1.

Mr. Varun Nischal, Adv. for R-4.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 25.01.2016 By this writ petition under Article 226 of the Constitution of India, petitioner has prayed that respondent nos. 1 and 4 be directed to take necessary action to demolish the illegal and unauthorised construction on the balcony of Flat No. 67-C, Pocke-K, Sheikh Sarai, Phase-II, New Delhi. Status report has been filed by the respondent no.1 wherein it has been stated that deviations have been booked in Flat No. 67-C, Sheikh Sarai, Phase-II, New Delhi under Sections 343/344 of the Delhi Municipal Corporation Act (DMC Act). It has been further stated that demolition order has also been passed.

Sealing action has also been initiated under Section 345-A of the DMC Act and show cause notice dated 17th July, 2015 in this

regard has also been issued and served on Mr. Surender Kumar Khari the owner/occupier of the subject property.

It is further mentioned that Mr.

Surender Kumar Khari has preferred an appeal against the demolition order before the Appellate Tribunal, MCD, which is pending. In view of the fact that action has already been taken by the respondent no.1, writ petition is disposed of. A.K. PATHAK, J.

JANUARY 25, 2016 ga