Full Judgment Text
$~15.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Date of Decision: 11 December, 2019
+ W.P.(C) 10643/2018
PANCHSHILA COOPERATIVE
HOUSE BUILDING SOCIETY LTD ..... Petitioner
Through: Ms.Niyati Patwardhan, Adv. with
Ms.Nayantara Gupta, Adv.
Versus
SOUTH DELHI MUNICIPAL
CORPORATION & ORS ..... Respondents
Through: Mr.Sri Harsha Peechara, Standing
Counsel with Ms.Kriti Sinha, Adv. for R-1/SDMC.
Ms.Gurmeet Bindra, Adv. for R-2.
Ms.Jagriti Ahuja, Adv. with Mr.Amol Sharma,
Adv. for R-3&4.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
O R D E R
: D. N. PATEL, Chief Justice (Oral)
1. This writ petition has been preferred for the following prayers:-
“(a) Issue a writ in the nature of mandamus or any other
appropriate writ/order or direction in favour of the
Petitioner directing Respondent No. 1 SDMC to take
appropriate action against respondent No. 2 and
respondent No. 3 under Para 15.9 and Para 15.11 of the
MPD-2021 for violations of Mixed Use Regulations
given under Para 15 of MPD-2021 in the Ground Floor
and Basement of property situated at Plot S-214,
Panchsheel Park, Malviya Nagar, New Delhi-110017.”
2. Having heard the learned counsel for the parties and looking to the
facts and circumstances of the case, it appears that the grievance ventilated
W.P.(C) 10643/2018 Page 1 of 2
by the petitioner is about the alleged breach of Master Plan for Delhi – 2021
(„MPD-2021‟) specifically paragraphs 15.9 and 15.11 thereof by the
respondents No.2 and 3. Learned counsel for the petitioner submits that
action in this regard needs to be taken by respondent No.1 against
respondents No.2 and 3. Learned counsel for the respondent No.1 submits
that the alleged violation of MPD-2021 by respondents No.2 & 3 is yet to be
established and if any violation, as alleged otherwise, is found, notice shall
be issued and action shall be taken in accordance with law.
3. In view of the aforesaid submissions of learned counsel for the
respondent No.1, we hereby direct the respondent No.1 to issue notice to the
concerned party, if any violation, as alleged, is found and take action against
the violators in accordance with law, rules & regulations and Government
policies applicable to the facts of the case after giving adequate opportunity
of being heard to the concerned parties who are owner/occupier of the
premises in question situated at Plot S-214, Panchsheel Park, Malviya
Nagar, New Delhi-110017, specifically basement and ground floor thereof.
4. With the aforesaid observations, the writ petition is disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J
DECEMBER 11, 2019
‘anb’
W.P.(C) 10643/2018 Page 2 of 2