Delhi High Court - Orders
Sh. Karan Singh & Ors vs North Delhi Municipal Corporation & Ors on 3 June, 2021
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5378/2021 & CM APPLN. 16628/2021 & 17969/2021
SH. KARAN SINGH & ORS. ..... Petitioners
Through Mr. Lalit Gutpa, Advocate
versus
NORTH DELHI MUNICIPAL
CORPORATION & ORS. ..... Respondents
Through Mr. Anand Prakash, Standing Counsel
with Ms. Varsha Arya, Advocate for
North DMC
Mr. Azam Ansari, Advocate for R-5 &
R-6
Mr. Varun Goswami, Advocate for
Intervenor - Mr. Shubhankar Nagar
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 03.06.2021 CM APPLN. 17970-71/2021 (Exemption) Allowed, subject to all just exceptions. CM APPLN. 17968/2021 (Impleadment) Issue notice. Notice is accepted by learned counsel appearing for the petitioner as also by respondents. Let reply be filed within three weeks. Rejoinder, if any, be filed before the next date of hearing. W.P.(C) 5378/2021
1. The hearing was conducted through video conferencing.
2. Learned counsel appearing for the petitioner as well as learned counsel appearing for respondent no. 5 and 6 submit that a Structural Digitally Signed Signature Not Verified By:JUSTICE SANJEEV SACHDEVA Digitally Signed By:KUNAL MAGGU W.P.(C) 5378/2021 Signing Date:03.06.2021 1 Signing Date:03.06.2021 20:04:28 19:28 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
engineer be appointed as a Court Commissioner to suggest the manner in which the property of the petitioner i.e. House No. 2924, Gali Pipple Mahadev, Hauz Kazi, Delhi, which got damaged because of construction activity being carried out by respondent no. 5 and 6, can be repaired so that the structural integrity is restored.
3. Learned counsel appearing for respondent no. 5 and 6 undertakes that on such a report being given, respondent no. 5 and 6 shall carried out the repair work in accordance with the report at their own cost.
4. Accordingly, Mr. Sanjeev Kumar Sharma, structural engineer empanelled with the South Delhi Municipal Corporation (Mobile # +91 9818674696) is appointed as the Court Commissioner to visit the property No. 2924, Gali Pipple Mahadev, Hauz Kazi, Delhi as also the property No. 2925 in which the construction is being carried and to ascertain the damage caused to property No. 2924 because of the construction in property no. 2925 and suggest ways and means of repairing property no. 2924 to restore its structural integrity.
5. On such a report being given, respondent no. 5 and 6 shall carry out the repair work in accordance with the suggestions given in the report and after the repair work is carried out in property no. 2924, intimate the Court Commissioner who shall once again inspect the subject property to ascertain that the repair work has been carried out in accordance with his directions.
6. The Court Commissioner shall duly notify the petitioner as well as respondent no. 5 and 6 of the date of his inspection. Since the Commissioner would be required to visit the property on two occasions, Commissioner shall be paid a consolidated fee of Rs. 1,00,000/-. Rs.
Digitally Signed Signature Not Verified By:JUSTICE SANJEEV SACHDEVA Digitally Signed By:KUNAL MAGGU W.P.(C) 5378/2021 Signing Date:03.06.2021 2 Signing Date:03.06.2021 20:04:28 19:28 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
50,000/- shall be paid at the time of the first visit and balance Rs. 50,000/- shall be paid at the time of the second inspection on completion of the repair work. The fee shall be paid by respondent no. 5 and 6 to the Commissioner and the entire repair work shall be carried out by respondent no. 5 and 6 at their own costs.
7. After the work is completed the commissioner shall file his report before this court.
8. Mr. Varun Goswami, Advocate intervenes on behalf of Mr. Shubhankar Nagar and claims that property No. 2925 in which the construction is being carried out is owned by Mr. Shubhankar Nagar. He submits that he has initiated proceedings against respondent no. 5 and 6 for the alleged illegal construction in the property owned by his client.
9. This is disputed by learned counsel for respondent no. 5 and 6.
10. It is clarified that this order shall be without prejudice to the rights and contentions of the parties and also without prejudice to the alleged claim of Mr. Shubhankar Nagar and shall not grant any special equities in favour of respondent no. 5 and 6.
11. List for further proceedings on 16.07.2021.
12. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.
SANJEEV SACHDEVA, J JUNE 3, 2021 'rs' Digitally Signed Signature Not Verified By:JUSTICE SANJEEV SACHDEVA Digitally Signed By:KUNAL MAGGU W.P.(C) 5378/2021 Signing Date:03.06.2021 3 Signing Date:03.06.2021 20:04:28 19:28 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.