This order addressed a writ petition challenging illegal construction. The High Court recorded the Respondent's submission that a demolition order had been passed and a programme was scheduled. It directed police assistance to the Municipal Corporation.
Necessary police assistance for demolition to be granted; Petition disposed of.
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..... Petitioner
Through Mr.Ajay Pal Singh, Advocate.
versus
SOUTH DELHI MUNICIPAL CORPORATION & ORS
..... Respondents Through Mr.Roshan Lal Goel and Ms.Anju Gupta, Advocate for SDMC/R-1.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
O R D E R % 09.12.2016
C.M. No.45615/2016 (exemption)
Exemption is allowed subject to just exceptions. Application disposed of.
W.P.(C) 11582/2016
Petitioner is aggrieved by the illegal and unauthorized construction which is being permitted at property bearing No.WZ-54, Rattan Park (E-5) Near Basai Darapur, New Delhi. It is stated that this is a total violation of the building bye-laws of the Corporation as also against the tenets of the sanction plan. The petitioner is stated to be a co-sharer in the aforenoted property.
On advance notice learned counsel for respondent no.1/SDMC has put in appearance. He submits that the sanction plan which had
been granted qua the aforenoted property has since been revoked. Demolition order has been passed against the alleged illegal and unauthorized construction and in fact demolition programme has been for today. His submission under instructions is that all actions in accordance with law shall be taken to its ultimate goal. This statement of learned counsel for respondent no.1 is taken on record. It is hoped and expected that this statement shall be honoured in true letter and spirit.
Necessary police assistance from the local SHO shall be granted to the respondent no.1 as and when so desired.
Needless to state that the action of the respondent no.1 will be in accordance with law and after intimation to the private respondent i.e. respondent nos.2 and 3.
No further orders are called for in this petition.
Petition disposed of.
INDERMEET KAUR, J
DECEMBER 09, 2016 ndn
1 issue framed by the court
Whether to pass necessary directions to the Respondents to assist in the demolition of illegal construction.
VEENA BAWEJA
SOUTH DELHI MUNICIPAL CORPORATION
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.
Judgements on the same questions, provisions and authorities, from every court
