Dismissed

Amit Kumar v. the Commissioner North Delhi Municipal Corporation of Delhi & Ors.

Delhi HC10 Feb 2020W.P.(C)/8061/2019

Case brief

AI extract

What is this about?

Single judge dismissed the writ petition as nothing survived because the Municipal Corporation was already taking appropriate action against the unauthorized construction under relevant sections of the DMC Act.

What did the court decide?

Petition disposed of; direction to respondent to continue dealing with unauthorized construction as per law.

Amit Kumar Vs the Commissioner North Delhi… — Municipal and Town Planning | Delhi HC (2020)

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$~A-21

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 8061/2019 & CM APPL. 33362/2019 AMIT KUMAR ..... Petitioner Through Petitioner in person.

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versus

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THE COMMISSIONER NORTH DELHI MUNICIPAL CORPORATION OF DELHI & ORS. ..... Respondents Through Ms.Mansi Gupta, Standing Counsel for R-1/North DMC. Ms.Savita Rustagi, Adv. for R-2.

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CORAM: HON'BLE MR. JUSTICE JAYANT NATH O R D E R

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% 10.02.2020

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This writ petition is filed by the petitioner seeking a direction to the respondents to take appropriate steps regarding the illegal construction raised on the property being No.2972, Gali No.3, Chuna Mandi, Paharganj, New Delhi- 110055.

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Respondent No.1/North DMC has filed a status report, which is not on record. A copy of the status report has been handed over in court, which is taken on record.

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As per the said status report, the property was inspected on 27.05.2019, and the same comprised of ground floor, first floor and second floor and further construction of third floor and raising of walls at fourth floor was noticed. Action was initiated against the unauthorised construction at third floor and raising of walls at fourth floor under sections 343 and 344 of the DMC Act, 1957. A show cause notice was also issued to the

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owner/occupier. Demolition order has been passed on 10.06.2019. Sealing action was also initiated against the said unauthorised construction of third floor and raising of walls at fourth floor under section 345-A of the DMC Act.

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The learned counsel for respondent No.2 submits that this is a motivated petition. She states that respondent No.2 only owns the first floor and has nothing to do with the third floor and fourth floor. She further states that the petitioner appears to be motivated as the petitioner was a tenant of respondent No.2 and to evict the petitioner respondent No.2 had to initiate appropriate suit.

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Be that as it may, it is manifest from the status report filed by respondent No.1/North DMC that the said municipal corporation is taking appropriate steps against the said unauthorised construction of third floor and raising of walls at fourth floor.

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Respondent No.1/North DMC will continue to deal with the said unauthorised construction and take consequential steps as per law. Nothing further survives in the present petition.

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With the above direction, the petition is disposed of. All pending applications, if any, are also disposed of.

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JAYANT NATH, J.

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FEBRUARY 10, 2020/v

Amit Kumar v. the Commissioner North Delhi Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Amit Kumar v. the Commissioner North Delhi Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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