The High Court of Delhi disposed of the writ petition holding it not maintainable at the stage where the respondent Corporation is directed by ATMCD to maintain status quo and not take coercive action.
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..... Petitioner
Through Ms. Seema Singh and Mr. Ravinder Kumar, Advs.
versus
NORTH DELHI MUNICIPAL CORPORATION & ORS
..... Respondents Through Mr. Sanjeev Sabharwal, Standing Counsel for the NDMC.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
O R D E R
% 05.12.2016
The petitioner is aggrieved by the illegal and unauthorized construction which has been carried at property No. 1853, Gali Pattey Wali, Suiwalan, Delhi. Submission is that this is against all the byelaws of the Corporation.
On advance notice, learned counsel for respondent No. 1/North Delhi Municipal Corporation has put his appearance. He apprises the Court that the private respondent namely Attahullah (respondent No.3) has approached the ATMCD against the demolition order which has been passed by the Corporation against this property. This is reflected in the order dated 27.05.2016 passed by the ATMCD. Copy of that order has been placed on record. Learned counsel for respondent No. 1 points out that this order has directed the parties to maintain status-quo and the respondent Corporation has been asked
not to take any coercive action against this property in question. This is also reflected in the order dated 27.05.2016 which is a part of the record.
In this view of the matter, this Court is of the view that this petition is not maintainable at this stage but all actions in accordance with the directions to be passed by the ATMCD will be taken by the Corporation. This satisfies the case of the petitioner as well. She does not press this petition.
Petition disposed of.
INDERMEET KAUR, J
DECEMBER 05, 2016 A
Miureen
North Delhi Municipal Corporation
Attahullah
Indermeet Kaur
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
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