Disposed

P S Ahluwalia v. Balbir Singh Gujral & Ors.

Delhi HC5 Nov 2024RSA/40/2019

Case brief

AI extract

What is this about?

Second appeal concerning punitive municipal action on a pre-2005 constructed property. The court recorded that the protection under the NCT of Delhi Laws (Special Provisions) Second (Amendment) Acts had been extended to 31.12.2026 and bound SDMC to its counter-affidavit statement.

What did the court decide?

Impugned judgment and decree modified to bind respondent no.2-SDMC by para 5 of its counter affidavit; appeal not pressed further and disposed of.

P S Ahluwalia Vs Balbir Singh Gujral & Ors. — Municipal and Town Planning | Delhi HC (2024)

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$~9

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RSA 40/2019 and CM APPL. 8596/2019

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P S AHLUWALIA .....Appellant Through: Ms.Abha Sharma, Mr.Anupam Maurya and Mr.Budh Ram, Advocates.

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versus BALBIR SINGH GUJRAL & ORS .....Respondents Through: Mohammed Imran Proxy Counsel for Mr.PK Sharma, Advocate for R-1. Mr. Bhavishya Makhija, Advocate for Mr. Siddhant Nath, Standing Counsel for MCD.

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CORAM:

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HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

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O R D E R % 05.11.2024

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Having heard learned counsel appearing on behalf of the parties, the Court finds that respondent no.2- SDMC, in its counter affidavit, filed on 12.12.2019 vide paragraph no.5 has taken the following position:-

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“5. That the property was constructed prior to the year 2005, therefore, as per "The National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act 2017, the punitive action cannot be taken on the property by the Respondent No. 2/SDMC till 31.12.2020.”

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The date under the provisions of the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act 2017 has been

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 06:41:30

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extended by The National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act 2023, upto 31.12.2026. It is thus seen that the respondent Corporation is further bound by the aforesaid legal position.

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Learned counsel appearing on behalf of the appellant then contends that if the concerned respondent is directed to be bound by the aforesaid statement, the appellant, at this stage, would not press the instant appeal.

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Accordingly, respondent no.2- SDMC shall remain bound by the statement made in paragraph no.5 of its counter affidavit.

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In view of the aforesaid, the impugned judgment and decree is modified to the aforesaid extent and the instant appeal stands disposed of.

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PURUSHAINDRA KUMAR KAURAV, J

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NOVEMBER 5, 2024 nc/sp

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P S Ahluwalia v. Balbir Singh Gujral & Ors.

Case brief

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What did the court decide?

P S Ahluwalia v. Balbir Singh Gujral & Ors.

Case brief

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What the court decided

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