Delhi High Court - Orders
Vimla Devi vs Government Of National Capital ... on 26 May, 2023
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6106/2022
VIMLA DEVI ..... Petitioner
Through: Mr. Mukesh Kumar, Advocate.
versus
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF
DELHI & ORS. ..... Respondents
Through: Ms. Natasha Maheshwari, Advocate
for respondent Nos. 1, 4 and 5 for Mr.
Shadan Farasat, ASC GNCTD
Mr. Tushar Sannu, Standing Counsel
with Mr. Azad Bansala, Mr. Abhishek
Gaind and Mr. Yash Singh,
Advocates for MCD/respondent Nos.
2 and 3.
Mr. Sunil Dutt Dixit and Mr. Vishal,
Advocates for respondent Nos. 6 to
11.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 26.05.2023
1. A Status Report has been placed on record. Relevant extract of the same is reproduced herein below :-
"That the property in question i.e. House No. 4126-412/, Chowk Keseru Walan, Pahargani, Delhi-55 was inspected by the area Junior Engineer (Blde.) on 16.08.2022. The property comprises of GF, FF & Second Floor. It is old and occupied residentially. Neither any construction work was going on at the impugned property nor any construction material was found stacked at site at the time inspection. Photographs taken at the time of inspection are enclosed herewith for ready reference of This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 10:00:41 the Hon'ble Court as Annexure -A (colly)."
2. Additional Status Report has also been filed thereby reiterating that during the inspection carried out in presence of all concerned, the subject property was found to be old and occupied. Alongwith the Status Report even photographs have been placed on record showing no encroachment on the passage.
3. A reading of the petition would show that the petitioner is aggrieved by the alleged littering statedly carried out by the private respondents, for which petitioner would be at liberty to seek civil remedy.
4. Present petition is disposed of with the directions to the respondent Nos. 2 and 3 who shall consider whether the subject property, though old and occupied, is protected under the Delhi Laws (Special Provisions) Act, 2006.
MANOJ KUMAR OHRI, J MAY 26, 2023 ga This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 10:00:41