Delhi High Court
Onkar Sharma vs North Delhi Municipal ... on 6 December, 2021
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 06.12.2021
+ W.P.(C) 3142/2021
ONKAR SHARMA ..... Petitioner
versus
NORTH DELHI MUNICIPAL CORPORATION ..... Respondent
Through
Advocates who appeared in this case:
For the Petitioner: Mr. Mandeep Singh Vinaik, Mr. Deepak Bashta, Ms.
Simmi Bhamrah and Ms. Geetika Vyas, Advocates.
For the Respondent: Mr. Anand Prakash Standing Counsel North DMC with
Ms. Varsha Arya & Mr Ajay Kumar Advocates for North
DMC (Through VC)
Ms. Malvika Trivedi, Senior Advocate, Ms. Bhargavi
Kannan and Mr. Nipun Katyal, Advocates for R-2 to 29
(Through VC)
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner seeks a direction to the respondent/Corporation to
take a decision with regard to the structural stability of the building in
question and pass a speaking order.
2. Learned counsel appearing for the Corporation submits that a
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:06.12.2021
Signing Date:07.12.2021 18:27:24 23:23
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
request was sent to IIT Delhi for the purposes of carrying out
structural stability assessment of property number 9719-9722, Ward
No. XIV, Kishan Ganj, Double Phatak, Delhi 110007. He submits
that they have communicated that a charges of Rs.2 lakhs besides
GST and other charges of testing etc. would have to be borne before a
structural stability assessment could be carried out.
3. Learned counsel appearing for the petitioner as well as learned
senior counsel appearing for respondents No.2 to 29 submit that they
are willing to share the charges payable to IIT for carrying out the
structural stability assessment of the subject property.
4. Learned counsel appearing for the Corporation submits that on
receipt of the report, the Corporation shall re-assess the situation and
pass a fresh speaking order after giving an opportunity of personal
hearing to the petitioner and respondents No.2 to 29.
5. In view of the above, the petition is disposed of with the
following directions:-
(i) IIT, Delhi is directed to carry out a structural stability
assessment of property number 9719-9722, Ward No. XIV,
Kishan Ganj, Double Phatak, Delhi 110007.
(ii) Charges and expenses to be paid to IIT, Delhi shall be equally
shared in the proportion of 50% by the petitioner and 50%
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:06.12.2021
Signing Date:07.12.2021 18:27:24 23:23
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
jointly by respondents No.2 to 29.
(iii) On payment of the charges and expenses IIT, Delhi shall carry
out the structural stability assessment of the subject property
and submit a report to the Corporation.
(iv) Municipal Corporation shall thereafter re-assess the property
and expeditiously pass a fresh speaking order after giving
opportunity of filing additional documents and material and
personal hearing to petitioner and respondents No. 2 to 29.
6. Petition is disposed of in the above terms. All rights and
contentions of parties are reserved.
SANJEEV SACHDEVA, J
DECEMBER 6, 2021/NA
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:06.12.2021
Signing Date:07.12.2021 18:27:24 23:23
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
