Sanjay Gupta & Anr. vs South Delhi Municipal ...
2021 Latest Caselaw 1065 Del

                                      $~27

                                      * IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      %                                      Judgment delivered on: 26.03.2021
                                      +       W.P.(C) 4028/2021

                                              SANJAY GUPTA & ANR                          ..... Petitioners

                                                                   versus

                                              SOUTH DELHI MUNICIPAL CORPORATION...Respondent
                                      Advocates who appeared in this case:
                                      For the Petitioner:   Mr. Arush Kapoor, Advocate.
                                      For the Respondent:   Mr. Kapil Dutta, Advocate.

                                      CORAM:-
                                      HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                                                       JUDGMENT

SANJEEV SACHDEVA, J. (ORAL) CM. APPL. 12178/2021 (Exemption)

Allowed, subject to all just exceptions.

W.P.(C) 4028/2021 & CM. APPL. 12179/2021

1. Petitioner seeks a direction to the respondent/Corporation to accept the application for sanction/regularization of the existing structure on property No. 1512, Wazir Nagar, Kotla Mubarakpur, New Delhi.

2. Learned counsel for the petitioner submits that pursuant to order dated 22.12.2020 in W.P. (C) No.10854/2020, petitioner has carried out the rectification of the unauthorized construction and has approached the

Signature Not Verified

MAGGU Signing Date:27.03.2021 10:39:41 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

Corporation for regularization of the existing structure however, the officers of the Corporation have not accepted the application.

3. Issue notice. Notice is accepted by learned counsel for the respondent/Corporation.

4. Learned counsel for the respondent/Corporation submits that the petitioner may make an application for sanction/regularization of the existing structure and the same shall be received by the respondent and processed in accordance with law.

5. Learned counsel for the petitioner submits that the petitioner shall make an application within two weeks.

6. On petitioner making such an application, the respondent/Corporation is directed to accept the same, process it in accordance with law and pass appropriate order.

7. It is further directed that in case petitioner files an application for regularization within a period of two weeks, then pending consideration of the application, respondent shall not take any coercive action against the property of the petitioner.

8. The petition is disposed of in the above terms.

9. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J.

MARCH 26, 2021 NA

Signature Not Verified

MAGGU Signing Date:27.03.2021 10:39:41 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.