Rajesh Sharma v. South Delhi Municipal Corporation

Delhi High Court · 27 Aug 2020 · 2020:DHC:2639
Sanjeev Sachdeva
CONT. CAS. 471/2020
2020:DHC:2639
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed the contempt petition against SDMC for non-compliance of a building inspection order, holding that the respondents had complied by inspecting, directing compliance, removing deviations, issuing a Completion Certificate, and informing the petitioner.

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CONT. CAS. 471/2020
HIGH COURT OF DELHI
JUDGMENT
delivered on: 27th August, 2020
CONT.CAS(C) 471/2020& CM APPLN. 20619/2020
RAJESH SHARMA ..... Petitioner
versus
SOUTH DELHI MUNICIPAL CORPORATION & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Satish Kumar, Advocate
For the Respondents: Mr. Tushar Sannu, Standing Counsel for R-1/SDMC with
Ms. Ankita Bhadouriya, Advocate Mr. Arjun Pant, Advocate for R-2/DDA
CORAM:-
HON’BLE MR JUSTICESANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J.

1. The hearing was conducted through video conferencing.

2. Petitioner seeks initiation of proceedings against respondents for non-compliance of order dated 23.12.2019 in W.P.(C) NO. 13629/2019.

3. By order dated 23.12.2019, respondent no. 1-South Delhi Municipal Corporation was directed to carry out an inspection of the subject premises and take action as per law, if required and also 2020:DHC:2639 intimate the petitioner about the steps taken.

4. It is submitted by learned counsel appearing for the respondent on advance notice that by letter dated 19.02.2020 petitioner was informed that the property had been inspected and certain deviations were found. He submits that since the Building Plan had been approved, the owner of the property was directed to comply with the same.

5. Learned counsel under instructions submits that today the building stands complete. The compoundable deviations have been compounded and non-compoundable deviations have been removed. A Completion certificate has been issued on 13.05.2020.

6. Learned counsel further submits that today no further action is contemplated against the said property because there are no deviations and the building has been constructed in accordance with the sanction plan.

7. The statement is taken on record.

8. Learned counsel submits that a communication to the said effect was issued to the petitioner on 10.07.2020.

9. Learned counsel for the petitioner submits that he has not received any communicated dated 10.07.2020.

10. Respondents are directed to furnish a copy of letter dated 10.07.2020 to the petitioner within three days from today.

11. In view of the above, no further order is called for in the Contempt Petition and no ground is made out for initiating any proceedings against the respondents.

12. The petition is accordingly disposed of.

13. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email.

SANJEEV SACHDEVA, J AUGUST 27, 2020 ‘rs’