Sat Parkash Tokas v. Sandeep Chatwal & Ors.

Delhi High Court · 03 Aug 2018 · 2018:DHC:4849-DB
Siddharth Mridul
W.P.(C) 8057/2018
2018:DHC:4849-DB
administrative petition_dismissed

AI Summary

The Delhi High Court directed the SDMC to ensure that construction at the disputed property conforms to the sanctioned building plan, dismissing the petitioner’s plea for demolition of the structure.

Full Text
Translation output
W.P. © 8057/2018 #49 HIGH COURT OF DELHI
JUDGMENT
delivered on: 03.08.2018
W.P.(C) 8057/2018 & CM No. 30876/2018 (stay)
SAT PARKASH TOKAS ..... Petitioner
versus
SANDEEP CHATWAL & ORS. ..... Respondents Advocates who appeared in this case:
For the Petitioner: Mr. Deepak Sharma and Mr. Manish, Advocates.
For the Respondents: Mr. Mukesh Gupta, Standing Counsel along with Mr. Shashi Gupta, Advocate for SDMC.
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) the respondents to immediately demolish the illegal structure raised by respondent no. 1 at 45, Arjun Nagar, Safdarjung Enclave, Village Humayun Pur, New Delhi-
110029, comprised in khasra no. 53, owned by the petitioner; b) grant the costs of the instant writ petition; c) grant any other order or relief in favour of the petitioner and against the respondents, deemed fit and proper in the facts and circumstances of the case.”
Ms. Mukesh Gupta, learned counsel appearing on behalf of the
SDMC, on advance notice states that, the building plan of the subject
2018:DHC:4849-DB W.P. © 8057/2018 property bearing No. 45, Arjun Nagar, Safdarjung Enclave, Village
Humayun Pur, New Delhi-110029, was sanctioned by them online vide No.
OBP/SZ/2018/10048282, dated 11th April, 2018.
Learned counsel for the SDMC further states that, the subject property was booked by them for unauthorized construction, vide File No. 197/UC/B-
I/SZ/18, dated 11th June, 2018, and appropriate demolition action has been taken against the offending portions on 6th June, 2018 and 20th July, 2018 and that, further action is scheduled to be taken today.
In view of the foregoing, the present writ petition, as well as, the pending application are disposed of, with a direction to the SDMC to ensure that the construction on the subject property conforms with the duly sanctioned plan, in accordance with law.
SIDDHARTH MRIDUL
(JUDGE)
AUGUST 03, 2018 RS 2018:DHC:4849-DB