Delhi High Court - Orders
Gurpreet Singh vs The Commissioner, Municipal ... on 10 April, 2023
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4081/2023
GURPREET SINGH ..... Petitioner
Through: Mr.M.S.Bammi and Ms.Pinki,
Advocates.
versus
THE COMMISSIONER,
MUNICIPAL CORPORATION OF DELHI & ORS...Respondents
Through: Ms.Ankita Bhadouriya and Mr.Azad
Bansala, Advocates for respondents
No.1 and 2.
Mr.Arun Panwar and Mr.Tapesh
Raghav, Advocates for respondent
No.3 with ASI Ramesh Chand, PS
Tilak Nagar.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 10.04.2023 CM.APPL No. 15886/2023 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 4081/2023
1. At the outset, leaned counsel for the petitioner seeks leave to withdraw the present petition.
2. Considering that the present petition has been filed seeking initiation of action against the ongoing illegal and unauthorised construction statedly carried out by respondent No.4 at property bearing Plot No.203, Gali No.23, Sant Garh, M.B.S.Nagar, New Delhi (hereinafter referred to as the 'subject property').
Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:12.04.2023 12:32:12
3. Issue notice.
4. Ms.Ankita Bhadouriya, Advocate appears and accepts notice on behalf of respondents No.1 and 2/MCD and, on instructions, submits that unauthorised construction in the shape of stilt to third floor with projections on municipal land was booked on 28.03.2023, whereafter, a Show Cause Notice was also issued to the owner/occupier of the subject property on the same date. She, on instructions, further submits that the necessary action would be taken against the subject property expeditiously in accordance with law.
5. Mr.Arun Panwar, learned counsel appears and accepts notice on behalf of respondent No.3, and, on instructions from ASI Ramesh Chand, PS Tilak Nagar, submits that SHO, P.S. Tilak Nagar, New Delhi shall provide all necessary assistance as and when asked for by respondents No. 1 and 2 / MCD.
6. Considering the aforesaid submissions, the present petition is disposed of with a direction that respondents No.1 and 2/MCD would take requisite action against the subject property expeditiously in accordance with law, preferably within a period of four months from today.
7. The concerned AE (Building) shall be responsible to ensure that the action is taken in entirety and in accordance with law.
8. Needless to state, that the owner/occupier of the subject property shall also be at liberty to avail remedy as available under law.
MANOJ KUMAR OHRI, J APRIL 10, 2023/v Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:12.04.2023 12:32:12