Full Text
#23 to 25 HIGH COURT OF DELHI
JUDGMENT
SAI CO-OPERATIVE GROUP HOUSING SOCIETY LTD. ....
Petitioner
Respondents Advocates who appeared in this case:
For the Petitioner : Mr. J.S. Rawat, Advocate.
For the Respondents : Ms. Monika Arora, CGSC with Mr. Kushal Kumar, Mr. Harsh Ahuja and Mr. Abhishek Kaushik, Advocates for
Respondent No. 1.
Mr. Rahul Singh, Advocate for Respondent No. 2.
Mr. Abhay Kumar and Mr. Saurabh Mishra, Advocates for
Respondent No. 3.
SAI CO-OPERATIVE GROUP HOUSING SOCIETY LTD. …....
2018:DHC:5747 Ms. Madhu Sudan Bhayana and Mr. Bhaskar Chikra, Advocates for Respondent No. 2.
Mr. Abhay Kumar and Mr. Saurabh Mishra, Advocates for
Respondent No. 3.
SAI CO-OPERATIVE GROUP HOUSING SOCIETY LTD. ....
Mr. Rahul Singh, Advocate for Respondent No. 2.
1. The present petitions have been instituted on behalf of the Sai Co-operative Group Housing Society Limited, predicated on allegations of unauthorised construction and encroachment of common areas that is rampant within the premises of the subject society.
2. It is therefore, prayed on behalf of the petitioner society that, the North Delhi Municipal Corporation (for short ‘NDMC’) be directed to demolish the illegal and unauthorised construction being raised by their members in the subject premises and to stop any further unauthorised construction therein.
3. Learned counsel appearing on behalf of the NDMC, on instructions states that, they propose to conduct a demolition programme against unauthorised construction as mentioned in the present proceedings.
4. In this behalf, the NDMC is directed to ensure that the unauthorised construction existing in the subject premises be demolished forthwith, in accordance with law.
5. Needless to state that, if anybody is aggrieved by the action taken by the NDMC for demolition of unauthorised construction, in accordance with law, on any ground whatsoever, they are at liberty to assail the same in independent proceedings.
6. No further directions are required to be called for, in these petitions.
7. Writ petitions are accordingly allowed and disposed of.
SIDDHARTH MRIDUL (JUDGE) SEPTEMBER 06, 2018/p’ma