Delhi High Court - Orders
Ajay Sharma vs North Delhi Municipal Corporation & Anr on 19 April, 2023
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~68
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6838/2019
AJAY SHARMA ..... Petitioner
Through: Petitioner in person.
versus
NORTH DELHI MUNICIPAL CORPORATION &
ANR ..... Respondents
Through: Ms. Namrata Mukim, Standing
Counsel for respondent No.1.
Mr. Rahul Bhardwaj, Advocate for
Applicant in CM APPL. Nos. 19146-
47/2023.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 19.04.2023
CM APPL. 19146/2023,
1. By way of present application, the applicant-Kavita Aggarwal seeks her impleadment in the present case being owner of the subject property i.e. property bearing Nos. 3400 and 3401, Gali Lallu Mishar, Qutab Road, Sadar Bazaar, Delhi.
2. Issue notice.
3. The Petitioner, who is present in person, accepts notice and has no objection to the present application.
4. Learned Standing Counsel for respondent No.1, while accepting the notice, submits that she also has no objection to the same.
5. Accordingly, application is allowed and applicant-Kavita Aggarwal is impleaded as respondent No. 3. Let amended memo of parties be filed by the Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:21.04.2023 14:43:55 petitioner within one week.
6. Application is disposed of.
W.P.(C) 6838/2019 and CM APPL. 19147/2023
1. With the consent of the parties the petition is taken up for hearing itself.
2. By way of present petition, the petitioner who claims to be neighbor of property bearing Nos. 3400 and 3401, Gali Lallu Mishar, Qutab Road, Sadar Bazaar, Delhi, has sought action against the illegal/unauthorized construction in the aforementioned property.
3. The petitioner, who is present in person, submits that despite various complaints no action has been taken by respondent No.1.
4. Ms. Namrata Mukim, learned Standing Counsel for respondent No.1 submits that Status Reports have been filed from time to time wherein it has been stated that unauthorised construction in the shape of ground to fourth floor was noticed and booked. Later, a demolition order was also passed. She submits that while the demolition action was taken with respect to first to fourth floor however only a show cause notice under Section 349 of the DMC Act has been issued to the occupant/owner of ground floor. She further submits that respondent No. 3/Kavita Aggarwal has preferred a petition through her husband seeking regularisation however the same now stands rejected vide order dated 04.01.2023. Learned Standing Counsel further submits that a Status Report in this regard has also been placed on record. She, on instructions, submits that remaining requisite action would be taken expeditiously and in accordance with law.
5. Learned counsel appearing for respondent No. 3 submits that respondent No. 3 intends to remove the unauthorised construction herself.
Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:21.04.2023 14:43:55 Let respondent No. 3 take requisite steps within three months from today failing which concerned A.E. (Building), MCD shall ensure that needful action is taken within two months thereafter.
6. The Petition is disposed of in the above terms alongwith miscellaneous application. Date already fixed in the matter i.e. 04.05.2023 stands cancelled.
MANOJ KUMAR OHRI, J APRIL 19, 2023 ga Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:21.04.2023 14:43:55