Ashok Kumar v. Municipal Corporation of Delhi & Anr.
Case brief
What is this about?
Delhi High Court writ petition disposed with directions; unauthorised construction; commercial misuse four shops versus residential use; NCT of Delhi Laws (Special Provisions) Second Act, 2011 protection till 31 December 2026; SDM report and clarification; Speaking Order by MCD; personal hearing to respondent no.2; encroachment on public land assessment; Public Grievances Commission order 07.10.2019; Prem Nagar Patel Nagar property 2088/10-C; Municipal Corporation of Delhi; rights and contentions kept open.
What did the court decide?
Petition and pending application disposed of with directions to MCD: (i) issue a Speaking Order after considering the SDM's Report and respondent no.2's documents; (ii) assess any encroachment on public land by respondent no.2; (iii) grant respondent no.2 a personal hearing before deciding and take further action on the basis of its decision; (iv) supply the decision/Speaking Order to counsel for both sides on the emails reflected in the order; with liberty to aggrieved parties to seek remedies in accordance with law, all rights and contentions kept open, and the Speaking Order not to be affected by the Court's observations.