The Court noted a status report stating no active construction or materials were present at the disputed premises, with only permitted repairs occurring. Consequently, the petition for demolition was disposed of without further orders.
Petition disposed of; no demolition ordered as no active construction found.
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$~18
..... Petitioner
Through Ms.Neha Bhatnagar, Advocate.
versus
SOUTH DELHI MUNICIPAL CORPORATIN AND ORS
..... Respondents Through Ms.Saroj Widawat, Adv. for SDMC.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
O R D E R
% 13.02.2017
Status report of respondent-Corporation has been filed and taken on record. This status report discloses that the property i.e. premises bearing no.84, Gali No.3, Samalkha, New Delhi was inspected by the Engineer of the respondent-Department; it is an old and occupied; it is comprised of a ground floor and first floor; at the ground floor two shops exist in front side. Some repair work was being carried out by the owner which was permissible under Clause 6.4.1 of the Building Bye Laws; two RCC columns had been constructed in front side for the safety purpose of old structure. Photographs have been placed on record to substantiate this position. No construction work was in progress and no material was lying at the site. Since there is no building plan sanctioned against this property further action as proposed by the Department shall be taken in due course of time. This Court notes the contents of this status
report. This Court also notes the prayer made in the writ petition which was that the unauthorized construction was being raised at the aforenoted property and the same should be demolished. Since the stand of the Department is evident from the aforenoted status report, no further orders are called for in this petition.
Petition disposed of.
INDERMEET KAUR, J
FEBRUARY 13, 2017 ndn
1 issue framed by the court
Whether unauthorized construction requires immediate demolition or if it can be addressed in due course.
1 provisions across 1 enactments
Bharat Kumar
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
