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W.P. (C) No.8035/2018 #45 HIGH COURT OF DELHI
JUDGMENT
delivered on: 03.08.2018
W.P.(C) 8035/2018
PREMWATI ..... Petitioner
PREMWATI ..... Petitioner
versus
THE COMMISSIONER, SOUTH MUNICIPAL CORPORATION OF
DELHI & ORS. ..... Respondents Advocates who appeared in this case:
For the Petitioner: Mr. Imran Khan, Advocate.
For the Respondents: Ms. Mini Pushkarna, Standing Counsel along with Ms. Swagata Bhuyan and Ms. Shiva Pandey, Advocates for SDMC/respondent Nos. 1 and 2.
Mr. Sanjay Singh, Advocate for DDA.
DELHI & ORS. ..... Respondents Advocates who appeared in this case:
For the Petitioner: Mr. Imran Khan, Advocate.
For the Respondents: Ms. Mini Pushkarna, Standing Counsel along with Ms. Swagata Bhuyan and Ms. Shiva Pandey, Advocates for SDMC/respondent Nos. 1 and 2.
Mr. Sanjay Singh, Advocate for DDA.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
JUDGMENT
SIDDHARTH MRIDUL, J (ORAL)
The present writ petition under Article 226 of the Constitution of
India, prays as follows:-
“a) Issue appropriate writ, order or direction thereby direct the respondent no. 1 to 4 to demolish the illegal/unauthorized existing structure of Flat bearing
No.53/1239, First Floor, DDA Flats, Kalkaji New Delhi and
Flat No.53/1243 to 1247, II Floor to Vth Floor, DDA Flats, Kalkaji, New Delhi. b) Direct the respondent No. 1 to 3 to de-seal the
House of petitioner i.e. property bearing No.53/1235, DDA
Flats, Ground Floor, Kalkaji, New Delhi.
2018:DHC:4850-DB W.P. (C) No.8035/2018 c) Issue necessary direction for taking legal action against all the respondents as per law of the land.”
Ms. Mini Pushkarna, learned Standing Counsel appearing on behalf of the SDMC/respondent Nos. 1 and 2, on advance notice states that, they shall take demolition action qua the illegal/unauthorized construction existing in
Flat bearing No. 53/1239, First Floor, DDA Flats, Kalkaji, New Delhi and
Flat No. 53/1243 to 1247, IInd Floor to Vth Floor, DDA Flats, Kalkaji, New Delhi, on 14th August, 2018, expeditiously, in accordance with law and in terms of the directions issued by this Court, by way of order dated 2nd May, 2018.
Directed accordingly.
In view of the statement made on behalf of the SDMC, learned counsel for the petitioner does not press this petition any further.
With the above direction, the petition is disposed of.
Needless to state that, the petitioner is at liberty to institute an appropriate proceeding, in accordance with law, if he is aggrieved by the inaction on the part of the SDMC, with regard to carrying out the demolition, as undertaken hereinabove.
SIDDHARTH MRIDUL
(JUDGE)
AUGUST 03, 2018 RS 2018:DHC:4850-DB
The present writ petition under Article 226 of the Constitution of
India, prays as follows:-
“a) Issue appropriate writ, order or direction thereby direct the respondent no. 1 to 4 to demolish the illegal/unauthorized existing structure of Flat bearing
No.53/1239, First Floor, DDA Flats, Kalkaji New Delhi and
Flat No.53/1243 to 1247, II Floor to Vth Floor, DDA Flats, Kalkaji, New Delhi. b) Direct the respondent No. 1 to 3 to de-seal the
House of petitioner i.e. property bearing No.53/1235, DDA
Flats, Ground Floor, Kalkaji, New Delhi.
2018:DHC:4850-DB W.P. (C) No.8035/2018 c) Issue necessary direction for taking legal action against all the respondents as per law of the land.”
Ms. Mini Pushkarna, learned Standing Counsel appearing on behalf of the SDMC/respondent Nos. 1 and 2, on advance notice states that, they shall take demolition action qua the illegal/unauthorized construction existing in
Flat bearing No. 53/1239, First Floor, DDA Flats, Kalkaji, New Delhi and
Flat No. 53/1243 to 1247, IInd Floor to Vth Floor, DDA Flats, Kalkaji, New Delhi, on 14th August, 2018, expeditiously, in accordance with law and in terms of the directions issued by this Court, by way of order dated 2nd May, 2018.
Directed accordingly.
In view of the statement made on behalf of the SDMC, learned counsel for the petitioner does not press this petition any further.
With the above direction, the petition is disposed of.
Needless to state that, the petitioner is at liberty to institute an appropriate proceeding, in accordance with law, if he is aggrieved by the inaction on the part of the SDMC, with regard to carrying out the demolition, as undertaken hereinabove.
SIDDHARTH MRIDUL
(JUDGE)
AUGUST 03, 2018 RS 2018:DHC:4850-DB