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Santosh Mathur & Anr vs Municipal Corporation Of Delhi & Ors on 29 April, 2023

Author: Manmeet Pritam Singh Arora

Bench: Manmeet Pritam Singh Arora

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                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CONT.CAS(C) 143/2023
                                 SANTOSH MATHUR & ANR.                      ..... Petitioners
                                             Through: Mr. Sunil Dalal, Sr. Advocate
                                                       alongwith Mr. Rajat Mathur, Mr.
                                                       Udbhav Sinha and Mr. Rahul
                                                       Srivastava, Advocates

                                                       versus

                                 MUNICIPAL CORPORATION OF DELHI & ORS...... Respondents
                                              Through: Mr. Tushar Sannu, Standing Counsel
                                                       for MCD along with Mr. Azad
                                                       Bansala and Mr. Abhishek Giand
                                                       Advocates with Mr. Dev Kumar, EE
                                                       Building dept and Mr. Rahul Verma,
                                                       AE

                          CORAM:
                          HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                            ORDER

% 29.04.2023

1. The learned standing counsel for MCD has handed over a short affidavit dated 28.04.2023 affirmed by Respondent No. 3. He has placed on record with this affidavit, the communications issued by the Respondent on 20.02.2023 and 27.04.2023 to the Petitioner. 1.1. He states, on instructions from the Respondent No. 3, who is present in Court that upon receipt of the compliances from the Petitioner to the deficiencies enlisted on 27.04.2023, the Respondent will within a period of two (2) weeks and no later, process the application of the Petitioner for sanction of building plan.

1.2. He states that other than the seven (7) deficiencies pointed out by the Respondent, MCD, there are no further deficiencies in the building plans, applied for by the Petitioner.

2. The learned senior counsel for the Petitioner states, on instructions, that the Petitioner will submit the documents and information sought for vide communication dated 27.04.2023, not later than14 days from today. 2.1. He states that the Petitioner is also available for any clarification, if sought for by the Respondent, MCD. He however, requests that the issue of grant of sanction be completed by the Respondent within the time sought from the Court today.

3. Mr. Dev Kumar, Executive Engineer, Building Headquarter, MCD, who is present in Court, gives an undertaking to the Court that the application of the Petitioner for sanction of building plan will be processed within the time sought today, subject to the deficiencies pointed out in communication dated 27.04.2023 being addressed. 3.1. He further states that his unconditional apology for his non- appearance on 17.04.2023, in the circumstances set out in his affidavit be accepted.

4. The said undertaking of Respondent No. 3 is taken on record and his apology for his non-appearance on 17.04.2023 is also accepted. The Respondent No. 3 is bound down to the undertaking given today.

5. The Respondent will be at liberty to call the Petitioner for seeking any clarification for removing the deficiencies enlisted in the communication dated 27.04.2023.

6. The Respondent is directed to have a copy of the affidavit placed on record.

7. List for compliance on 30.05.2023.

MANMEET PRITAM SINGH ARORA, J APRIL 29, 2023/rhc/asb Signature Not Verified Digitally Signed By:RASHMI DABAS Signing Date:01.05.2023 17:58:03