Delhi High Court - Orders
Almora Gram Committee (Regd.) vs The Commissioner South Delhi Municipal ... on 27 September, 2019
Author: Jayant Nath
Bench: Jayant Nath
$~A-44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10558/2019 and CM Appl. 43685/2019
ALMORA GRAM COMMITTEE (REGD.) ..... Petitioner
Through Mr.D.D.Joshi, Mr.C.D. Goswami and
Mr.Mayank Joshi, Advs.
versus
THE COMMISSIONER SOUTH DELHI MUNICIPAL
CORPORATION AND ORS. ..... Respondents
Through Ms.Arti Bansal, Adv. for SDMC.
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
ORDER
% 27.09.2019
1. This writ petition is filed by the petitioner seeking to set aside the notice dated 16.09.2019 issued by the respondent-SDMC stating that the basement of the property in question i.e. C-17, NDSE-I is being used for commercial purpose and misused under the name and style of Almora Gram Committee (NGO).
2. Learned counsel for the petitioner states that earlier also a notice was issued by the respondent regarding alleged unauthorised construction on the 3rd and 4th floor and also in respect of the basement. He states that against the said show cause notice, an appeal has been filed and is pending before the concerned Appellate Tribunal. He also states that on 26.08.2019, the Tribunal has noted that the SDMC has demolished the 4th floor of the property in question and the 3rd floor is lying sealed. The Tribunal has also issued a status quo regarding the construction in the property in question till the next date.
3. Learned counsel for the petitioner insists that the issue of misuse of the basement is also covered by the appeal However, he has not filed any document along with the present writ petition. In the course of arguments, he has shown to me a copy of the appeal filed before the Tribunal. The copy of the show cause notice dated 27.09.2017 which is part of the paper book filed before the Tribunal shows the existence of the basement but it relates to unauthorised construction in the 3rd and 4th floor.
4. From the record placed on record, it appears that the appeal that is filed before the Tribunal relates to unauthorised construction in the 3rd and 4th floor. It does not deal with the unauthorised usage of the basement. It is for the petitioner to take steps to challenge the show cause notice as per law.
5. As the other matter is coming up before the Tribunal on 09.10.2019, in the interest of justice, the respondent will maintain status quo regarding the basement to that date to enable the petitioner to take steps to challenge the order dated 16.09.2019. In case such a petition is filed by the petitioner, the Tribunal is free to deal with it as per law uninfluenced by any observations made by this court.
6. The petition stands disposed of. Pending application also stands disposed of.
7. A copy of this order be given dasti under the signatures of the Court Master.
JAYANT NATH, J SEPTEMBER 27, 2019/rb