Full Text
HIGH COURT OF DELHI
JUDGMENT
SAROJ RANI ….. Petitioner
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
Advocates who appeared in this case:
For the Petitioner: Mr. Arush Kapoor, Advocate.
For the Respondent: Mr. Kapil Dutta, Advocate.
1. The hearing was conducted through video conferencing.
SANJEEV SACHDEVA, J. (ORAL)
2. Learned counsel for petitioner submits that additional documents have been filed pursuant to order dated 05.04.2021 vide diary No.529560 dated 09.08.2021, however, the same are not on record. Copy of the same have been shared over the email of the Court Master. The Registry is directed to place the same on record subject to office objections, if any.
3. Petitioner seeks a direction to the respondent Corporation to 2021:DHC:2417 W.P(C) 2566/2021 2 grant permission for repair/renovation work in property bearing No.H- 34, W-10C/18, Western Avenue, Sainik Farms, New Delhi.
4. Learned counsel for the petitioner submits that petitioner was granted permission by order dated 21.08.2019 by the Corporation which was granted pursuant to order dated 29.05.2019 passed in W.P(C) 6455/2015.
5. Learned counsel for petitioner further submits that the petitioner’s property is one of the 93 properties which was subject matter of the W.P(C) 6455/2015 in which an inspection was carried out by the Corporation and report filed before the Division Bench.
6. Learned counsel submits that the said repair work could not be carried out due to the illness of the petitioner. It is prayed that the time to carry out repair work be extended by a further period of four weeks to enable the petitioner to complete the repair work in accordance with the permission letter dated 21.08.2019.
7. By the additional documents petitioner has placed on record the photographs of the existing structure as well as the nature of repair work that is required to be carried out in the subject property.
8. Keeping in view the peculiar facts and circumstances of the case, the time to carry out the repair work as permitted by the Corporation by its letter dated 21.08.2019 is extended by a period of 30 days commencing from 16.08.2021. Prior to petitioner W.P(C) 2566/2021 3 commencing construction the existing structure shall be inspected by the officers of the respondent Corporation. The concerned officer of the respondent Corporation shall also take photographs of the existing structure. Thereafter the repair work shall be monitored by the said officer by a weekly visit and photographs taken of the progress of the repair work.
9. Petitioner shall ensure that no work of any nature other than the one permitted by the Corporation shall be carried out during this period. Consequently the order dated 31.03.2021 passed by the respondent Corporation, declining extension of time, is set aside.
10. The petition is disposed of in the above terms.
11. Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels through email.
SANJEEV SACHDEVA, J AUGUST 10, 2021 rk