Petitioner failed to appear. Petition dismissed in default due to non-prosecution following respondent's inspection of alleged encroachment in Malviya Nagar.
Petition dismissed in default for non-prosecution.
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versus
SOUTH DELHI MUNICIPAL CORPORATION AND ORS
..... Respondent Through Ms. Mohita, Advocate for Mr. Ajay Digpaul, Advocate for R-1 to R-3 Mr. Shadon Farasat, Advocate for R-4
CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR
O R D E R % 14.09.2016
Prayer made in the writ petition has been perused. The stand of the respondent taken in its counter affidavit has also been perused.
In the counter affidavit it is stated that the officials of the respondent / SDMC had inspected the site in question (i.e. Block 5 and 10, Malviya Nagar, New Delhi) on 04.05.2016. During inspection it has been noted that there is temporary encroachment at the aforesaid blocks in the shape of Kitchen Garden, wire mash and small iron grills in the back lane. The topography of the locality surrounding the park is in order and the slope of the service road behind the Block 5 and 10 is downward towards the deep drain on the Shivalik and of the service road. The Mpl. Drain along the park and in front of petitioner’s property was also found to be in order and the
respondent from time to time carried out de-silting of the drains to ensure proper flow of rain water. On the direction of the Member of the Public Grievances Cell the outflow of the residential / clinical water of the nursing home has been disconnected as the drains are meant only for rain water flow.
Copy of that order was also a part of the order.
None has appeared for the petitioner. None had appeared on the last date also.
Dismissed in default as also for non-prosecution.
INDERMEET KAUR, J
SEPTEMBER 14, 2016 gb
Vinesh Kawatra
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.
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