This court disposed of a writ petition challenging unauthorized construction permitted by the East Delhi Municipal Corporation. The corporation undertook to complete pending demolition and sealing actions, leading the court to find no need for further orders.
No further relief granted; petition disposed of.
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EAST DELHI MUNICIPAL CORPORATION & ANR
..... Respondents Through Mr.Amrit Pal Singh, Advocate for R- 1/EDMC.
Mr.Tom Joseph, Advocate for R-2/
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
% 07.02.2017
Petitioner is aggrieved by the illegal and unauthorized construction which is being permitted at property bearing No.331, Gali No.12, Lalita Park, Laxmi Nagar, Delhi. It is stated that this is against all the bye-laws of the Corporation. The private respondent has been arrayed as respondent no.2.
On advance notice, both the respondents have put in appearance. A status report has been filed by respondent no.1/EDMC. It is stated that this property was booked on 13.12.2016 in the shape of ground floor, first floor and second floor. A show cause notice was issued on 13.12.2016. Demolition order was passed on 10.01.2016 after following the due process of law. Work stop notice has already been issued to the concerned SHO has also the owner/builder/respondent no.2. Sealing action has been initiated under Section 345A of the DMC Act and the same is under process.
Learned counsel for respondent no.1 undertakes and ensures this Court that all further actions in accordance with law which have already been initiated shall be completed and taken to their ultimate goal. This statement of the respondent is taken on record.
It is hoped and expected that the undertaking shall be honoured in true letter and spirit.
Respondent no.2 is also present. He has filed an appeal before the ATMCD against the demolition order and the next date fixed before the ATMCD is 08.02.2017. Admittedly, there is no stay of proceedings by the ATMCD. Be that as it may, this Court is of the view that noting the status report filed by respondent no.1, no further orders are called for in this petition.
Petition disposed of.
INDERMEET KAUR, J
FEBRUARY 07, 2017 ndn
1 issue framed by the court
Whether the petitioner is to be granted further relief given that the respondent corporation has undertaken to complete pending legal actions and the other respondent has filed an appeal without stay.
1 provisions across 1 enactments
DHARAMPAL SINGH
EAST DELHI MUNICIPAL CORPORATION
ANR
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
