Petitioner challenged an order to demolish unauthorized construction. Court allowed an exemption from coercive steps pending consideration of the regularization application within three weeks.
Exemption allowed subject to exceptions; petitioner not to face coercive steps until final order passed within three weeks.
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NARESH KUMAR ..... Petitioner Through: Mr. Roshan Saini, Ms. Aruna Giri and Mr. Kapil, Advs.
versus
NORTH DELHI MUNICIPAL CORPORATION ..... Respondent Through: Mr. Mukesh Gupta, Standing Counsel with Mrsh. Shashi Gupta and Ms. Nupur Mantoo, Advs.
CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO
O R D E R % 16.03.2018
CM. No. 10216/2018 (for exemption)
Exemption allowed subject to all just exceptions.
Application stands disposed of.
W.P.(C) 2456/2018
The present petition has been filed by the petitioner challenging the order dated February 27, 2018 whereby the respondent has called upon the petitioner to demolish the unauthorized construction in the shape of entire construction at ground floor, first floor and second floor including the projection on the municipal land within six weeks failing which the same shall be demolished at the risk and cost of the petitioner.
Learned counsel appearing for the petitioner states, petitioner has filed an application for regularization of the unauthorized construction on March
6, 2018. Learned counsel appearing for the respondent on advance notice states, the said application shall be considered and a decision thereof shall be taken within three weeks and a reasoned order shall be passed. The statement is taken on record.
In view of the statement made by the counsel for the respondent, counsel for the petitioner states, till such time no coercive steps should be taken. Ordered accordingly. The final order shall be passed within three weeks from today. If aggrieved, petitioner is at liberty to seek such remedy as available in law.
The Petition is disposed of.
CM No. 10215/2018 (for stay)
In view of the order passed in the writ petition, the application has become infructuous and dismissed as such.
Dasti to both the parties.
MARCH 16, 2018 /jg
V. KAMESWAR RAO, J
1 issue framed by the court
Whether to grant an exemption order to stay demolition proceedings while considering the petitioner's regularization application.
NARESH KUMAR
NORTH DELHI MUNICIPAL CORPORATION
V. KAMESWAR RAO
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
