Delhi High Court
Naresh Kumar Agarwal & Anr. vs South Delhi Municipal ... on 24 February, 2021
$~13
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 24.02.2021
+ W.P.(C) 2538/2021
NARESH KUMAR AGARWAL & ANR. ..... Petitioners
versus
SOUTH DELHI MUNICIPAL CORPORATION & ANR.
.....Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Kirti Uppal, Senior Advocate with Mr. Puneet
Bhatnagar & Ms. Riya Gulati, Advocates.
For the Respondent: Ms. Shahana Farah, Advocate for SDMC (through Video
Conferencing).
Mr. Rizwan with Mr. Keshav Mann & Mr. Sugandh
Virmani, Advocates for R-2.
Mr. Mridul Katyal son of Mr. Sanjay Katyal, newly added
respondent in person (through Video Conferencing).
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL.7480/2021(exemption)
Exemption is allowed subject to all just exceptions
W.P.(C) 2538/2021 & CM APPL.7479/2021(stay)
1. Petitioner seeks a direction to respondent no.1/MCD to take
appropriate action with regard to the ground floor and basement of
property bearing No. C-6, Kailash Colony, New Delhi and to take
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:24.02.2021 23:08:21 W.P(C) 2538/2021 Page 1
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
appropriate action in case any illegal structure is found in the said
property. Further petitioner seeks a restraint on Corporation from
obstructing the repair/renovation work of the broken water pipeline,
cleaning of underground water tanks and sewer pipelines installed in
the main drive way area, back courtyard and front common entrance
gate of the building.
2. On oral prayer of the petitioners, Mr. Sanjay Katyal, owner of
the ground floor is impleaded as a respondent. Amended memo of
parties be filed during the course of the day.
3. Learned counsel appearing for the Corporation submits that
property was inspected and certain deviations were found in the
property and appropriate action in accordance with law has already
been initiated and appropriate action in accordance with law would be
taken.
4. Mr. Mridul Katyal, son of Mr. Sanjay Katyal is also connected
through Video Conferencing. He submits that in case any action is
taken by the Corporation, he reserves the right to take appropriate
remedial action in accordance with law.
5. In view of the above statement, learned Senior Counsel for the
petitioners seek leave to withdraw the Prayers (a) and (b) of the
petition and restricts the petition to repair/restoration work of the
broken water pipeline, cleaning of underground water tanks and sewer
pipelines.
6. Leave is granted. Prayers (a) and (b) of the petition is dismissed
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:24.02.2021 23:08:21 W.P(C) 2538/2021 Page 2
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
of as withdrawn.
7. Learned counsel for the Corporation as well as Mr. Mridul
Katyal submit that they have no objection in case the petitioners were
to repair/restore the broken water pipeline, clean the underground
water tanks and sewer pipelines.
8. In view of the above, petition is disposed of permitting the
petitioners to repair/restore the broken water pipeline and clean the
underground water tanks and sewer pipelines.
9. It is clarified that petitioners shall not carry out any addition or
alteration or construction activity under the guise of
repairing/restoration of the broken water pipeline or cleaning of the
underground water tanks or sewer pipelines.
10. The petition along with stay application is accordingly disposed
of.
11. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through email by the Court
Master.
SANJEEV SACHDEVA, J
FEBRUARY 24, 2021
ak
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:24.02.2021 23:08:21 W.P(C) 2538/2021 Page 3
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
