Mukesh Kumar v. North Delhi Muncipal Corporation And ORS

$~34 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 959/2016 MUKESH KUMAR ..... Petitioner Through : Mr. Arvind Dhingra, Adv.

versus NORTH DELHI MUNCIPAL CORPORATION AND ORS ..... Respondents Through :Mr.

Vikas Chopra, Adv.

for respondent nos. 1 and 2 Mr.

Siddhartha Nagpal, Adv.

for respondent no. 3

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 05.02.2016 CM Appl. No.4181/2016 (exemption) Allowed, subject to just exception.

Application is disposed of.

WP (C) No.959/2016 and CM Appl. No.4180/2016 (stay) It is not the case that unauthorised construction is going on. Petitioner is neighbour of respondent no. 4. Petitioner has alleged that respondent no. 4 has carried out unauthorized construction. Construction began in the year 2014 as is apparent from the averments made in para J of the petition, wherein it is alleged that petitioner sent representations on dated 27th

November, 2014, 9th February, 2015, 2nd November, 2015 and 16th November, 2015.

However, counsel for the respondent nos. 1 and 2 submits that action has already been taken in accordance with law and the premises in question has already been booked under Sections 343/344 of the DMC Act, inasmuch as demolition order has been passed. It is further stated that action would be taken in accordance with law. Learned counsel for the petitioner submits that since action has already been taken, writ petition be disposed of. Accordingly, writ petition is disposed of as not pressed. Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

FEBRUARY 05, 2016 rb