Inderjeet Vachher vs South Delhi Municipal ...
2022 Latest Caselaw 299 Del

                                      $~14

                                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      %                                             Judgment delivered on: 31.01.2022

                                      +      W.P.(C) 5918/2021 & CM. APPLS. 18670/2021, 19602/2021,
                                             22191/2021, 34980/2021

                                      INDERJEET VACHHER                                                  ..... Petitioner

                                                                           versus

                                      SOUTH DELHI MUNICIPAL CORPORATION & ORS.                        ..... Respondent
                                      Advocates who appeared in this case:
                                      For the Petitioner: Mr. Rajat Aneja, Advocate.

                                      For the Respondent:   Mr. Ajay Digpaul Standing Counsel with Mr. Kamal R Digpaul,
                                                            Advocate for Respondent/SDMC.
                                                            Mr. Vikas Singh, Senior Advocate with Mr. CP Rajwar, Mr.
                                                            Kamal Kumar, Advocates for respondents No. 2 and 3

                                      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 carried out by respondents No.2 and 3 in property bearing number F-68, Bali Nagar, New Delhi.

3. Learned counsel appearing for the Municipal Corporation submits that Municipal Corporation has duly taken action and passed a demolition

Digitally Signed Signature Not Verified 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.

order dated 21.06.2021 and has also rejected the application seeking regularization of the unauthorized construction by order dated 12.08.2021. He further submits that a vacation notice dated 08.09.2021 has also been issued.

4. Learned senior counsel appearing for respondents No.2 and 3 submits that the said respondents have filed appeals against the order of demolition, order of rejection of regularization application and the vacation notice and the said appeals are pending consideration before the Appellate Tribunal, MCD.

5. Since the respondent/Corporation has already initiated action, this petition is disposed of with a direction to the respondent/Corporation to take action in accordance with law, subject to the orders to be passed by the Appellate Tribunal in the three appeals, filed by respondents No.2 and 3.

6. It is clarified that the Appellate Tribunal, MCD shall consider the appeals of respondents No.2 and 3 in accordance with law without being influenced by anything stated in this order.

7. Petition is dispose of in the above terms. All rights and contentions of the parties are reserved.

8. 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 31, 2022/NA


                                                                                                 Digitally Signed
Signature Not Verified                                                                           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.