Sanjay Gupta v. South Delhi Municipal Corporation

Delhi High Court · 26 Mar 2021 · 2021:DHC:1143
Sanjeev Sachdeva
W.P.(C) 4028/2021
2021:DHC:1143
administrative petition_allowed

AI Summary

The Delhi High Court directed the municipal corporation to accept and process the petitioners' application for regularization of their property and restrained coercive action pending its consideration.

Full Text
Translation output
W.P.(C) 4028/2021
HIGH COURT OF DELHI
JUDGMENT
delivered on: 26.03.2021
W.P.(C) 4028/2021
SANJAY GUPTA & ANR ..... Petitioners
versus
SOUTH DELHI MUNICIPAL CORPORATION…Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Arush Kapoor, Advocate.
For the Respondent: Mr. Kapil Dutta, Advocate.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM. APPL. 12178/2021 (Exemption)
Allowed, subject to all just exceptions.
W.P.(C) 4028/2021 & CM. APPL. 12179/2021

1. Petitioner seeks a direction to the respondent/Corporation to accept the application for sanction/regularization of the existing structure on property No. 1512, Wazir Nagar, Kotla Mubarakpur, New Delhi.

2. Learned counsel for the petitioner submits that pursuant to order dated 22.12.2020 in W.P. (C) No.10854/2020, petitioner has carried out the rectification of the unauthorized construction and has approached the 2021:DHC:1143 W.P.(C) 4028/2021 Corporation for regularization of the existing structure however, the officers of the Corporation have not accepted the application.

3. Issue notice. Notice is accepted by learned counsel for the respondent/Corporation.

4. Learned counsel for the respondent/Corporation submits that the petitioner may make an application for sanction/regularization of the existing structure and the same shall be received by the respondent and processed in accordance with law.

5. Learned counsel for the petitioner submits that the petitioner shall make an application within two weeks.

6. On petitioner making such an application, the respondent/Corporation is directed to accept the same, process it in accordance with law and pass appropriate order.

7. It is further directed that in case petitioner files an application for regularization within a period of two weeks, then pending consideration of the application, respondent shall not take any coercive action against the property of the petitioner.

8. The petition is disposed of in the above terms.

9. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J. MARCH 26, 2021 NA