Full Text
JUDGMENT
UDHO DAS Petitioner
ForthePetitioner : Mr. Shalabh Gupta and Mi*. Amancleep Soni, Advocates
Forthe Respondents : Mr. Sanjeev Sabharwal, Standing Counsel, SDMC withMr. Hem
Kumar and Mr. Pritish Sabharwal, Advocates for R-1
Ms. Mini Pushicarna, Standing Counsel, DUISB withMs. Shiva Pandey and Ms. Swagata Bhuyan, Advocates for R-2
1. The present writ petition under Articles 226 and 227 of the Constitution of India, instituted onbehalf ofthepetitioner prays as follows:- "(a) Issu{: a writ/direction/order in the nature of mandamus or any other appropriate writ, order or direction thereby directing the respondents to de-seal the property bearing No. 136, Sunlight Colony-II, New Delhi; W.P.(C) 9051/2018 Pagt 1 of 3 1,' 2018:DHC:9266 (b) Issue a writ/direction/order in the nature of mandamus thereby directing the respondents to demohsh the alleged illegal construction, if any, in the property bearing No.136, Sunlight Colony-II, New Delhi, and hand over the possession of the property to the petitioner or to his attorney after de-sealing the same; OR IN THE ALTERNATIVE Pass appropriate directions thereby allowing the petitioner to demolish the alleged illegal construction, if any, in the property bearing No.136, Sunlight Colony-II, New Delhi at his own costs, after de-sealing the same;
(c) Issue a writ/direction/order in the nature of certiorari thereby quashing the sealing order (if any) passed by the respondents pertaining to property bearing No.136, Sunlight Colony-II, New Delhi;
(d) Grant any other and fiirther relief(s) which this
2. The solitary grievance pf the" petitioner made in the present proceedingsis to the effect that, the Delhi Urbto Improvement ShelterBoard (for short 'DUISB') has failed to respond to the petitioner's representation seeking de-sealing of the subject property bearing No.136, Sunlight Colony- II, New Delhi, in terms of the directions rendered by the Appellate Tribunal, Municipal Corporation ofDelhi, by way of its order dated 31.07.2002.
3. Ms. Mini Pushkama, learned Standing Counsel appearing on behalfof DUISB states that, despite repeated communications in this behalf, the petitioner has failed to appear before them, in support of the said representation.
4. In view of the foregoing, the only course of action that commends itself is to direct the petitioner to appear before the Deputy Director (lAL/L&L), DUISB, Room No.3, H-Block, Vikas Kuteer, Indraprastha Estate, New Delhi on 04.09.2018 at 11;00 a.m.
5. The DUISB is thereafter directed to determine the representation filed on behalf of the petitioner, in accordance with law and pass a speaking and reasoned order in this behalf, after affording the latter an opportunity of being heard, as expeditiously as possible.
6. With the above directions, the writ/petition is disposed of
7. A copy of this order be giveii under the signature of Court Master to counsel for the AUGUST 28,2018 dw SIDDWARTH MRIDUL \JUDGE)