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HIGH COURT OF DELHI
JUDGMENT
NEW RAJDHANI CO-OPERATIVE HOUSE BUILDING SOCIETY
LTD. ….. Petitioner
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
Advocates who appeared in this case:
For the Petitioner: Mr. Mr. Ganesh Kumar Sharma, Advocate
For the Respondent Ms. Sangeeta Bharti, Advocate for DJB.
1. Petitioner seeks a direction to the respondents to remove the overhead water tank situated in New Rajdhani Enclave. Petitioner further seeks quashing of notices issued by respondent No.2, whereby Satsang Hall built by the petitioner is claimed to be unauthorized and it is contended that petitioner is unauthorisedly encroaching upon the said land.
SANJEEV SACHDEVA, J. (ORAL)
2. Learned counsel appearing for the Jal Board submits that Satsang Hall is an unauthorized structure and petitioners have no title to the same.
3. Jal Board has filed an affidavit stating that in view of the condition pointed out by the petitioner of the overhead water tank and as the same is 2021:DHC:3884 W.P. (C) 12160/2021 2 not in operation, Jal Board shall invite tenders for demolition and removal of the overhead water tank. She submits that exercise would be endeavoured to be completed within a period of 120 days.
4. The statement is taken on record. Accordingly, Jal Board shall demolish and remove the overhead water tank by following the appropriate Codal formalities.
5. It is clarified that the dispute with regard to the allotment of the land to the petitioner society as well as the possession claimed by the petitioner society of the land, which is subject matter of the suit pending between the petitioner and respondents is not being examined or commented upon by this Court and the same is left open to be decided by the civil court, where the dispute is pending.
6. It is directed that the said court shall decided the dispute without being influenced by anything stated in this order. All rights and contentions of the parties are reserved.
7. Petition is disposed of in the above terms.
SANJEEV SACHDEVA, J. NOVEMBER 30, 2021 NA