Court disposed off petitioner's writ petition as unauthorized construction at the disputed property had been demolished by the Department. The matter was taken to its lawful conclusion.
Petition and the pending application disposed of; liberty reserved for fresh cause of action.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
ANAND KUMAR ..... Petitioner Through Mr. I. Ahmed, Adv.
versus
MUNICIPAL CORPORATION OF DELHI (NORTH) AND ORS
..... Respondents Through Mr. Kapil Dutta, Adv. for NDMC/R1. Mr. Mayank Goel and Mr. Sunil Goel, Advs. for R-2 & R-3.
CORAM: HON'BLE MR. JUSTICE A. K. CHAWLA O R D E R % 28.11.2017
In the status report filed on behalf of the respondent-North Delhi Municipal Corporation, it is stated, as follows :
“..........................................................................................................
.........................................................................................................
3. That the deponent has requisitioned the entire records of the subject premises available in the Building Department, City SP Zone and on perusal of the same, it reveals that the owner/builder have attempted to indulge in raising the unauthorized construction at ground floor, first floor, second floor and third floor in the property against which the Department has acted swiftly and promptly at its initial/ongoing stage.
4. That the deponent states that as reported by Building Department-SP City Zone, “substantial demolition action against the subject property was taken on 18.09.2017 at ongoing stage to prevent further unauthorized construction.” It is submitted that the unauthorized construction at the questioned property was demolished at ongoing stage in the form of projections at ground floor, first floor, second floor
and third floor. It is further submitted that the unauthorized construction at third floor was demolished. The area of the plot is approximately 20 sq. Yds. The unauthorized construction, as aforesaid, has been made unusable. The photographs regarding the demolition action taken on 18.09.2017 is annexed herewith as Annexure R-1.
In view of the action taken and contemplated, the petition does not require to be kept pending and is disposed off. It goes without saying that further contemplated action shall be taken and matter taken to its logical and lawful conclusion. Liberty is however, reserved to the petitioner to approach this Court afresh, if, a fresh cause of action arises. Petition and the pending application stand disposed off accordingly.
A. K. CHAWLA, J
NOVEMBER 28, 2017
rc
ANAND KUMAR
MUNICIPAL CORPORATION OF DELHI (NORTH)
A. K. CHAWLA
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
