Delhi High Court - Orders
Vimla Devi vs North Delhi Municipal Corporation & Ors on 4 October, 2021
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11289/2021
VIMLA DEVI ..... Petitioner
Through Mr. Aly Mirza and Mr. Ujas Kumar,
Advocates.
versus
NORTH DELHI MUNICIPAL CORPORATION & ORS.
..... Respondent
Through Ms. Richa Dhawan, Advocate for R-1
(Through VC)
Mr Rizwan, Advocate for-2.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 04.10.2021 CM. APPL. 34734/2021 Exemption is allowed, subject to all just exceptions.
W.P.(C) 11289/2021 & CM. APPL. 34733/2021
1. Learned counsel for the petitioner submits that the petitioner has come across an acknowledgment dated 03.07.2021 under the Saral Scheme filed by respondent No.3 seeking sanction of a building plan. He submits that in the past action was taken against the subject property and even work-stop notice issued and construction equipment seized from the spot.
2. He submits that ex-facie, the acknowledgement shows that Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:04.10.2021 22:23:39 W.P.(C) 11289/2021 Signing Date:04.10.2021 1 20:48 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
there is a misrepresentation by respondent No.3 while submitting an application under the Saral Scheme. He submits that if a building plan is sanctioned, the same is liable to be revoked in terms of Section 338 of Delhi Municipal Corporation Act, 1957.
3. Issue notice. Notice is accepted by learned counsel appearing for the respondent No.1 as also by learned counsel for respondent No.2.
4. Notice shall issue to respondent No.3, returnable on 24.03.2022.
5. Respondents shall ensure that no unauthorized construction activity is permitted in the subject property except in accordance with a sanctioned building plan, if any.
6. Further, the designated authority under Section 338 of the DMC Act shall examine as to whether any action is warranted and if so, appropriate action in accordance with law shall be taken after due notice to respondent No.3.
SANJEEV SACHDEVA, J OCTOBER 4, 2021 NA Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:04.10.2021 22:23:39 W.P.(C) 11289/2021 Signing Date:04.10.2021 2 20:48 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.