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IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 3349/2015
M/S. SHREE BALAJI TIRPAL PVT. LTD.
..... Petitioner
Through: Mr Sanjeev Narula, Advocate.
Versus
NORTH DELHI MUNICIPAL CORPORATION
AND ORS.
..... Respondents
Through: Mr Pratap Singh, Advocate for North
MCD.
Mr N. A. Khan, Advocate for Mr
Anjum Javed, Advocate for R-2/PS
Moti Nagar.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
%
09.04.2015

CM No. 6004/2015
Allowed subject to just exceptions.
Application stands disposed of.
W.P.(C) 3349/2015 & CM No. 6003/2015
The petitioner has filed the present petition, inter alia, praying as
under:i)

issue a writ, order or direction in the nature of

mandamus to the respondent No.1 thereby
initiating appropriate action in accordance with
law including immediate booking, demolition,
sealing (as deemed appropriate) against the
encroachment and unauthorized construction
carried out by the respondent no.3 in portion A and
other portion of the property bearing No.30

(Municipal No.642/1), in Municipal Ward No.20,

situated at Najafgarh Road, Industrial Area, New
Delhi.
ii)

direct the respondent number 1 to remove the

encroachment over the common passages as shown
in the site plan so that any untoward incident be
avoided to the occupier/visitor to the property
bearing No.30 (Municipal No.642/1), in Municipal
Ward No.20, situated at Najafgarh Road, Industrial
Area, New Delhi.

The petitioner contends that unauthorized construction is being raised

on a portion of the property bearing no.30 (Municipal No.642/1), Municipal
Ward No.20 situated at Najafgarh Road, Industrial Area, New Delhi. The
learned counsel for the petitioner emphatically submits that the construction
is continuing unabated despite a complaint in this regard being made to the
respondent corporation (North Delhi Municipal Corporation). The learned
counsel appearing for the respondent corporation submits that after the
petition was filed, the property in question was booked and the necessary
action has been initiated. He further assures this Court that the proceedings
in respect of the unauthorized construction shall be concluded in accordance
with law as expeditiously as possible and in any event no later than eight
weeks from today.
In view of the aforesaid statement, no further order need be passed in
this petition. However, as it is the stand of the respondent corporation that
unauthorized construction is being raised and that the averments made by
the petitioner in this regard are correct, it is directed that no further
construction will raise on the property till the conclusion of the proceedings
initiated by the respondent corporation. Respondent no.2 is also directed to

ensure that no further construction activity is carried out without the

permission of the respondent corporation.
The petition and pending application are disposed of.
Dasti.

VIBHU BAKHRU, J
APRIL 09, 2015
MK