Jitender Saini vs North Delhi Municipal ...
2022 Latest Caselaw 298 Del

                                      $~58

                                      *IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      %                                  Judgment delivered on: 31.01.2022

                                      +      W.P.(C) 1849/2022 & CM APPL. 5311/2022

                                      JITENDER SAINI                                       ..... Petitioner

                                                                versus

                                      NORTH DELHI MUNICIPAL CORPORATION & ORS.
                                                                                              ..... Respondents
                                      Advocates who appeared in this case:
                                      For the Petitioner: Mr. Sheetesh Khanna, Advocate.
                                      For the Respondent: Mr. Ajjay Aroraa, Standing Counsel, North DMC with Mr.
                                                          Kapil Dutta, Advocate.

                                      CORAM:-
                                      HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                                                          JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. The hearing was conducted through video conferencing.

2. Petitioner seeks a direction to the respondent Corporation to take action against the alleged illegal unauthorized construction being carried out in property No.L-2/98, Shastri Nagar, Delhi.

3. Petitioner claims to be a resident of M-43, Second floor, Shastri Nagar, Delhi. Petitioner has failed to show any connection with the subject property. Petitioner is neither a neighbor nor has any interest in the subject property.

Signature Not Verified
                                      W.P(C) 1849/2022                                             Digitally Signed 1
                                                                                                   By:JUSTICE SANJEEV
Digitally Signed By:KUNAL                                                                          SACHDEVA
MAGGU                                                                                              Signing Date:31.01.2022
Signing Date:01.02.2022 08:32:12                                                                   21:24
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.

4. Since petitioner has failed to show any locus standi or any violation of his fundamental or legal rights a petition under article 226 of the Constitution of India on behalf of the petitioner is not maintainable.

5. However, learned counsel appearing for the Corporation submits that property is being raised pursuant to a sanctioned building plan, however, there are some deviations noticed because of which action has already been initiated by the Corporation. He further submits that in so far as misuse is concerned, application has been received for conversion of the use of the property and requisite charges have already been deposited.

6. Petition is dismissed as not maintainable. This is, however, without prejudice to the right of the Corporation to take 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 email by the Court Master.

SANJEEV SACHDEVA, J.

JANUARY 31, 2022 rk

Signature Not Verified W.P(C) 1849/2022 Digitally Signed 2 By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:31.01.2022 Signing Date:01.02.2022 08:32:12 21:24 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.