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2017 Supreme(Del) 4703

VIBHU BAKHRU
New Delhi Traders Association – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. P.S. Bindra, Ms. Rishika Arora and Ms. Savi Abbot, Advocates.
For the Respondent:Mr. Ripu Daman Bhardwaj, CGSC with Mr. Gaurav Rohilla, GP and Mr. T.P. Singh, Advocates

ORDER :

VIBHU BAKHRU, J.

CM No. 46396/2017

1. Exemption is allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 11358/2017 and CM No. 46395/2017

3. The petitioner no.1 is a registered society and an Association of Persons, who are in occupation of premises located in Connaught Place, New Delhi.

4. The principal grievance of the petitioner is that respondent no.2, New Delhi Municipal Council (hereafter ‘NDMC’), and respondent no.3, the Heritage Conservation Committee (hereafter ‘HCC’), are insisting the members of the petitioner no.1 association to seek permission of the NDMC and HCC before carrying out any repair works including works such as re-roofing, flooring, white washing etc. According to the petitioners, the same is contrary to the Unified Delhi Building Byelaws, 2016 (hereafter ‘UDBL’).

5. In view of the above, the petitioner has filed the present petition, inter alia, praying as under:-

“(i) PROHIBITION restraining the Respondents interfering in the Members of Petitioner Association carrying out works which are covered under Clause 2.14 of Unified Building Byelaws, 2016 for which no notice and building permit is required.

(ii) CERTIORARI for quash














































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