Disposed

Suman Devi & Ors. v. North Delhi Municipal Corporation & Ors.

Delhi HC3 May 2017W.P.(C)/3714/2017

Case brief

AI extract

What is this about?

The Court directed the Delhi Municipality to treat the writ petition as a representation, grant a hearing to all parties regarding a construction dispute over a 'gali', and decide within three weeks. Petitioners and other respondents retain right to approach higher authorities if dissatisfied.

What did the court decide?

Respondent no.1 to treat petition as representation, conduct hearing, and pass a reasoned order within three weeks.

Suman Devi & Ors. Vs North Delhi Municipal… — Municipal and Town Planning | Delhi HC (2017)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 3714/2017

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SUMAN DEVI & ORS ..... Petitioners Through: Ms.Mallika Parkar, Adv.

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versus

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NORTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through: Mr.Ajay Arora and Mr.Kapil Datta, Adv. for R/NDMC. Mr.Kush Sharma, Adv. for R-2. Mr.Manish Srivastava, Adv. for R-3 to 5.

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CORAM: HON'BLE MR. JUSTICE J.R. MIDHA

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O R D E R

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% 03.05.2017

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W.P.(C) 3714/2017 & CM No.16324/2017

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The petitioners have filed this petition for stopping respondents no.3 to 5 from carrying on any construction in the ‘ gali’ near house no.8699, Shidi Pura, Karol Bagh, New Delhi.

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According to the petitioners, there was a ‘ gali’ which is shown in red colour in the site plan filed at page 17. Respondent no.1 has filed the status report, according to which, respondents no.3 to 5 have stopped the construction work till the determination as to the existence of the ‘ gali’.

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Learned counsel for respondents no.3 to 5 submits that there is no ‘ gali’ at the place marked in red colour in the site plan at page 17. It is submitted that respondents no.3 to 5 have a conveyance deed dated 13^th January, 1961 according to which respondents no.3 to 5 are the owner of

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126.00 sq.yards of land mentioned in the plan, details whereof are given in Schedule I of the Conveyance Deed in favour of the grandfather of respondents no.3 to 5. It is submitted that respondents no.3 to 5 have area admeasuring 126 sq. yards.

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This Court is of the view that it would be appropriate that respondent no.1 treats the copy of this writ petition as petitioners’ representation. Let copy of this writ petition be treated as petitioner’s representation and be considered by respondent no.1. Respondent no.1 shall give an opportunity of hearing to the petitioner as well as respondents no.3 to 5 and pass a reasoned order which shall be communicated to the petitioners as well as respondents no.3 to 5. Respondent no.1 shall endeavour to decide the petitioners representation within a period of three weeks from today.

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The petition and the pending application is disposed of in the above terms.

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Needless to say that in case the petitioners and/or respondents no.3 to 5 are not satisfied with the decision of respondent no.1, they would be at liberty to avail appropriate legal remedies available to them in accordance with law.

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Copy of the order be given dasti under signatures of the Court Master to learned counsel for the parties.

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J.R. MIDHA, J.

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MAY 03, 2017 `ns’

Suman Devi & Ors. v. North Delhi Municipal Corporation & Ors.

Case brief

What is this about?

What did the court decide?

Suman Devi & Ors. v. North Delhi Municipal Corporation & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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