Mr Vikash Chopra vs South Delhi Municipal ...
2022 Latest Caselaw 718 Del

                                      $~21

                                      *IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      %                                  Judgment delivered on: 09.03.2022

                                      +      W.P(C) 6296/2021 & CM APPL. 19857/2021

                                      MR VIKASH CHOPRA                                    .... Petitioner

                                                                versus

                                      SOUTH DELHI MUNICIPAL CORPORATION THROUGH ITS
                                      DEPUTY COMMISSONER & ORS.          ..... Respondents
                                      Advocates who appeared in this case:
                                      For the Petitioner: Mr. Aditya Dewan, Mr. Aditya Hooda, Mr. Sahil Chandra
                                                          and Mr. Vivek Mishra, Advocates (through VC).
                                      For the Respondent: Ms. Anu Gupta, Advocate for R-1 & 2 (through VC)

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

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks a direction to the respondent to take action against the alleged unauthorized construction on the third floor of property bearing No. F-80, Green Park (Main), New Delhi.

2. Learned counsel appearing for the respondent Corporation submits that respondent No.3 has already approached the Appellate Tribunal, MCD and the Appellate Tribunal, MCD by order dated 28.10.2021 in Appeal No.345/2021 has restrained the Corporation from taking any coercive action pending the appeal.

Signature Not Verified
                                      W.P(C) 6296/2021                                           Digitally Signed 1
                                                                                                 By:JUSTICE SANJEEV
Digital Signed By:KUNAL                                                                          SACHDEVA
MAGGU                                                                                            Signing Date:10.03.2022
Signing Date:10.03.2022 12:33:16                                                                 00:09
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.

3. Learned counsel further submits that an application for regularization has also been received, which is under consideration of the Corporation. She submits that Corporation shall take action in accordance with law subject to the outcome of the appeal as well as the regularization application.

4. In view of the above, this petition is disposed of directing the respondents to take action in accordance with law subject to the outcome of the appeal before the Appellate Tribunal, MCD and the regularization application.

5. Petition is disposed of in the above terms. This would be without prejudice to the rights and contentions of the parties and shall have no bearing on the merit of the appeal pending before the Appellate Tribunal, MCD.

SANJEEV SACHDEVA, J.

MARCH 09, 2022 rk

Signature Not Verified W.P(C) 6296/2021 Digitally Signed 2 By:JUSTICE SANJEEV Digital Signed By:KUNAL SACHDEVA MAGGU Signing Date:10.03.2022 Signing Date:10.03.2022 12:33:16 00:09 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.