High CourtsSingle Bench(2022) 03 DEL CK 0124

Vikash Chopra vs South Delhi Municipal Corporation Through Its Deputy Commissoner & Ors.

Delhi High Court · Decided on 9 March 2022

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 6296 Of 2021, Civil Miscellaneous Application No. 19857 Of 2021

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Judgment

6 paragraphs · 197 words

Sanjeev Sachdeva, J

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.

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.