Disposed

Mahesh Kumar v. South Delhi Municipal Corporation & Ors.

Delhi HC2 Mar 2016W.P.(C)/1750/2016

Case brief

AI extract

What is this about?

This order addresses a writ petition seeking demission and sealing of an unauthorized construction. The Court noted that the property was already booked and demolition orders were passed. The respondent municipal corporation failed to execute the demolition on time due to lack of police force. The Court directed the Station House Officer to provide adequate police force to ensure the demolition is

What did the court decide?

Station House Officer directed to provide adequate police force for demolition fixed for 10th March 2016; petition disposed of in terms.

Mahesh Kumar Vs South Delhi Municipal… — Constitutional and Fundamental Rights | Delhi HC (2016)

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$~33

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 1750/2016 MAHESH KUMAR ..... Petitioner

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Through : Mr. Pankaj Bagga, Adv. versus

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SOUTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through : Ms. Mini Pushkarna, Standing Counsel for SDMC with Ms. Anushruti, Adv. and with Mr. R. K. Lavani, AE (B) CNZ, SDMC in person.

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CORAM: HON'BLE MR. JUSTICE A.K. PATHAK O R D E R % 02.03.2016

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By this writ petition under Article 226 of the Constitution of India, petitioner has prayed that the respondent nos.1 & 2 be directed to take action against the unauthorized construction being raised in property bearing no.54, Arjun Nagar, Kotla Mubarakpur, New Delhi. It is further prayed that the property be sealed and demolished.

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Issue show cause notice to the respondent nos.1 & 2. Learned counsel for the respondent nos.1 & 2 accepts notice. Learned counsel for the respondents on instructions from Mr. R. K. Lavani, AE (B), submits that subject property has already been booked for unauthorized construction.

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Demolition order has also been passed on 1^st December, 2015. Sealing order has also been passed on 21^st January, 2016.

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It is further submitted that demolition action was fixed for 21^st January, 2016 and 3^rd February, 2016 but could not be carried out since adequate police force was not provided. Demolition action has been now fixed for 10^th March, 2016. SHO PS Kotla Mubarakpur is directed to provide adequate police force to the respondent nos.1 & 2 on the date fixed for demolition and also on subsequent dates, till demolition action is completed by the respondent nos.1 & 2. Needless to add that unauthorized portion shall be completely demolished and the demolition order should not be cosmetic one. After demolishing the unauthorized structure, the respondent nos.1 & 2 shall also remove the malwa at the cost of the owner/occupier, in accordance with law.

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Writ petition is disposed of in the above terms. Dasti.

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A.K. PATHAK, J.

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MARCH 02, 2016/ dk

Mahesh Kumar v. South Delhi Municipal Corporation & Ors.

Case brief

What is this about?

What did the court decide?

Mahesh Kumar v. South Delhi Municipal Corporation & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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