Subhash Chand vs South Delhi Municipal ...
2022 Latest Caselaw 209 Del

                                      $~20
                                      *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      %                              Judgment delivered on: 20th January, 2022

                                      +      W.P.(C) 716/2021
                                      SUBHASH CHAND                                                 ..... Petitioner
                                                       versus
                                      SOUTH DELHI MUNICIPAL CORPORATION & ORS.
                                                                           ..... Respondent
                                      Advocates who appeared in this case:

                                      For the Petitioner:   Mr. Anubhav Mehrotra, Advocate

                                      For the Respondent : Mr. Ajay Digpaul and Mr. Kamal, R. Digpaul, Advocates
                                                           for SDMC.

                                                            Mr. Rahul Kumar, Advocate for R-3.

                                                            Mr. Jayant Mudgal, Advocate for respondents no. 4 and 5.

                                                            Mr. Satinder Singh Bawa for Advocate for Respondent no.
                                                            6.

                                      CORAM:-
                                      HON'BLE MR. JUSTICE SANJEEV SACHDEVA

                                                                     JUDGMENT

SANJEEV SACHDEVA, J.

1. The hearing was conducted through video conferencing.

2. Petitioner seeks a direction to respondent/Corporation to take action against alleged unauthorized illegal construction in properties number 2/45, 2/46, 2/47 and 2/48, Jangpura A, New Delhi.

                                                                                                   Digitally Signed
Signature Not Verified                                                                             By:JUSTICE SANJEEV
Digitally Signed By:KUNAL                                                                          SACHDEVA
MAGGU                                                                                              Signing Date:20.01.2022
Signing Date:21.01.2022 09:13:47                                                                   21:26
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.

3. Status report has been filed by the Corporation in respect of each of the subject properties.

4. It is stated in the status report that properties number 2/45 and 2/47 are located on the ground floor, which does not allow any additional floor since first floor has a separate identity and accordingly, no action is proposed against properties number 2/45 and 2/47, Jangpura A, New Delhi.

5. Insofar as properties number 2/46 and 2/48 are concerned, it is stated that said properties have been booked and appropriate action in accordance with law is being taken.

6. In view of the above, this petition is disposed of, directing the respondent/Corporation to take action in accordance with law after giving due opportunity to the occupants as contemplated by law. Further, it is directed that this would be without prejudice to the rights of the occupants/owners of the said properties to defend the proceedings by initiating appropriate action in accordance with law.

7. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through e-mail by the Court Master.

                                                                              SANJEEV SACHDEVA, J
                                      JANUARY 20, 2022/NA


                                                                                               Digitally Signed
Signature Not Verified                                                                         By:JUSTICE SANJEEV
Digitally Signed By:KUNAL                                                                      SACHDEVA
MAGGU                                                                                          Signing Date:20.01.2022
Signing Date:21.01.2022 09:13:47                                                               21:26
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.