Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Judgment delivered on: 30 April, 2021
+ W.P.(C) 4867/2021 & CM APPLN. 15019/2021
DR LATA MAITRI ..... Petitioner
versus
NORTH DELHI MUNICIPAL
CORPORATION & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Arun Maitri and Ms. Radhika Chandrasekhar,
Advocates
For the Respondents: Mr. Mukesh Gupta, Standing Counsel with Mr.Mayank
Ahuja for North DMC
Mr. Anuj Aggarwal, ASC, GNCTD with Ms.Ayushi
Bansal, Advocate for respondent 2.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J.
1. The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to respondent-North Delhi
Municipal Corporation to upload the order dated 26.12.2014
(Annexure-A to this petition) with regard to premises bearing No.
5A/2, Bhama Shah Marg, Near Gurudwara Nanak Piao, Delhi, on the
NDMC website and also to inform the Sub-Registrar regarding the
Signature Not Verified
W.P. (C) 4867/2021 Page 1 of 3
Digitally Signed By:KUNAL
MAGGU
Signing Date:30.04.2021 18:15:55
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
said order.
3. Further a direction is sought to the respondent-North DMC to
issue a declaration that they have no objection regarding creating of
any charge lien interest transfer of the subject property in view of the
provisions of National Capital Territory of Delhi Laws (Special
Provisions) Act, 2011 as per order dated 26.12.2014.
4. Issue notice. Notice is accepted by learned counsel appearing
for respondent no. 1 as well as respondent no. 2.
5. Learned counsel appearing for respondent no. 1 – North DMC,
under instructions from Mr. Sandeep Manglay, Assistant Law Officer,
Keshav Puram Zone, North DMC, submits that there is no provision
of uploading order dated 26.12.2014 on the website. He, however,
confirms that order dated 26.12.2014 annexed as Annexure-A to the
petition has been passed by the Executive Engineer (Civil Lines Zone)
qua the subject property. He submits that the said order is still in
force.
6. Learned counsel, however, submits that though there is
unauthorized construction in the property, subject order has been
passed because of the moratorium granted by the National Capital
Territory of Delhi Laws (Special Provisions) Act, 2011. He submits
that in view of the moratorium, the unauthorized construction is not
actionable at this stage. The statement is taken on record.
Signature Not Verified
W.P. (C) 4867/2021 Page 2 of 3
Digitally Signed By:KUNAL
MAGGU
Signing Date:30.04.2021 18:15:55
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
7. In view of the above, this petition is disposed of with a
direction to respondent no. 2 to take cognizance of order dated
26.12.2014 (Annexure-A to this petition) with regard to premises
bearing No. 5A/2, Bhama Shah Marg, Near Gurudwara Nanak Piao,
Delhi and to act accordingly.
8. The petition is disposed of in the above terms.
9. 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
APRIL 30, 2021
rs’
‘
Signature Not Verified
W.P. (C) 4867/2021 Page 3 of 3
Digitally Signed By:KUNAL
MAGGU
Signing Date:30.04.2021 18:15:55
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.