Petitioner challenged demolition by NDMC. Court found property demolished and rendered uninhabitable. Respondent undertook no reconstruction. Writ petition disposed of as prayers satisfied.
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SHRI ZUBAIR AHMED ..... Petitioner Through: Mr. Parikshit Sharma, Adv.
versus
NORTH DELHI MUNICIPAL CORPORATION AND ORS. ..... Respondents Through: Ms. Vartika Tharma, Adv. for NDMC Mr. Irshad, Adv. for R-2 SI Navdeep, PS Kamla Market
CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (ORAL) % 16.11.2018
1. A status report has been filed by the North DMC, accompanied by a photograph, at Annexure A-1 thereto.
2. The status report, as filed on affidavit, and the photograph annexed to the status report, indicates that the property has been substantially demolished, to the extent that it has become inhabitable.
3. Learned counsel for the respondent-North DMC submits that the property is no longer capable of being habited and any further demolition is likely to endanger the lives of persons in the locality.
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W.P.(C). 9929/2017
4. Learned counsel for the respondent-North DMC undertakes to ensure that the property is not reconstructed and that the condition of the property, as reflected in Annexure A-1 to the status report, remains as such.
5. I am of the view that with the exercise of demolition, which has been carried out by the respondent, as reflected in the status report, the prayers in the writ petition stand satisfied.
6. Learned counsel for the respondent-North DMC undertakes to ensure that the property is not permitted to be unauthorisedly reconstructed, and no one is permitted to inhabit to said premises.
7. Nothing survives for adjudication in this writ petition, which is disposed of as such.
C. HARI SHANKAR, J
NOVEMBER 16, 2018 dsn
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W.P.(C). 9929/2017
Shri Zubair Ahmed
North Delhi Municipal Corporation And Ors.
C. Hari Shankar
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.
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