Sai Co-Operative Group Housing ... vs North Delhi Municipal ...
2018 Latest Caselaw 5360 Del

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         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Judgment delivered on: 06.09.2018

W.P.(C) 7368/2017

SAI CO-OPERATIVE GROUP HOUSING SOCIETY LTD. ....

                                                                            Petitioner

                                   Versus

NORTH DELHI MUNICIPAL CORPORATION & ANR                                    .....

                                                                            Respondents
Advocates who appeared in this case:
For the Petitioner  :        Mr. J.S. Rawat, Advocate.

For the Respondents       :        Ms. Monika Arora, CGSC with Mr. Kushal Kumar,
                                   Mr. Harsh Ahuja and Mr. Abhishek Kaushik, Advocates for
                                   Respondent No. 1.
                                   Mr. Rahul Singh, Advocate for Respondent No. 2.
                                   Mr. Abhay Kumar and Mr. Saurabh Mishra, Advocates for
                                   Respondent No. 3.

W.P.(C) 7372/2017

SAI CO-OPERATIVE GROUP HOUSING SOCIETY LTD. .......

                                                                               Petitioner

                                   versus

NORTH DELHI MUNICIPAL CORPORATION & ANR                                    ........
                                                                            Respondents

Advocates who appeared in this case:
For the Petitioner  :        Mr. J.S. Rawat, Advocate.




W.P.(C) 7368/2017 & connected matters                                                 Page 1 of 3
 For the Respondents       :        Ms. Monika Arora, CGSC with Mr. Kushal Kumar,
                                   Mr. Harsh Ahuja and Mr. Abhishek Kaushik, Advocates for
                                   Respondent No. 1.
                                   Ms. Madhu Sudan Bhayana and Mr. Bhaskar Chikra, Advocates
                                   for Respondent No. 2.
                                   Mr. Abhay Kumar and Mr. Saurabh Mishra, Advocates for
                                   Respondent No. 3.


W.P.(C) 7453/2017

SAI CO-OPERATIVE GROUP HOUSING SOCIETY LTD. ....
                                                                                     Petitioner
                                   versus

NORTH DELHI MUNICIPAL CORPORATION & ANR                                      .....
                                                                             Respondents
Advocates who appeared in this case:
For the Petitioner  :        Mr. J.S. Rawat, Advocate.

For the Respondents       :        Ms. Monika Arora, CGSC with Mr. Kushal Kumar,
                                   Mr. Harsh Ahuja and Mr. Abhishek Kaushik, Advocates for
                                   Respondent No. 1.
                                   Mr. Rahul Singh, Advocate for Respondent No. 2.

CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

                                   JUDGMENT

SIDDHARTH MRIDUL, J (ORAL)

1. The present petitions have been instituted on behalf of the Sai Co-operative Group Housing Society Limited, predicated on allegations of unauthorised construction and encroachment of common areas that is rampant within the premises of the subject society.

2. It is therefore, prayed on behalf of the petitioner society that, the North Delhi Municipal Corporation (for short 'NDMC') be directed to demolish the illegal and unauthorised construction being raised by their members in the subject premises and to stop any further unauthorised construction therein.

3. Learned counsel appearing on behalf of the NDMC, on instructions states that, they propose to conduct a demolition programme against unauthorised construction as mentioned in the present proceedings.

4. In this behalf, the NDMC is directed to ensure that the unauthorised construction existing in the subject premises be demolished forthwith, in accordance with law.

5. Needless to state that, if anybody is aggrieved by the action taken by the NDMC for demolition of unauthorised construction, in accordance with law, on any ground whatsoever, they are at liberty to assail the same in independent proceedings.

6. No further directions are required to be called for, in these petitions.

7. Writ petitions are accordingly allowed and disposed of.

SIDDHARTH MRIDUL (JUDGE) SEPTEMBER 06, 2018/p'ma