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2022 Supreme(Del) 590

MANOJ KUMAR OHRI
Babita – Appellant
Versus
SDMC – Respondent


Advocate Appeared:
For the Petitioner:Mr. Pradyumna Tyagi, Advocate
For the Respondent:Mr. Mukesh Gupta and Mr. Siddhant Nath, Standing Counsels with Mr. Mayank Ahuja and Mr. Raghav Gupta, Mr. Santosh Kr. Tripathi, ASC (Civil), GNCTD with Mr. Arun Panwar, Mr. Siddharth Krishna Dwivedi and Mr. Aditya S. Jadhav, Advocate with SI Mohit Kumar, PS Maidan Garhi, Mr. Tanmay Mehta, Mr. Sanjeev Dagar and Mr. Sunil Chauhan, Advocates.

JUDGMENT :

Manoj Kumar Ohri, J.

1. By way of the present petition filed under Article 226 of the Constitution of India, the petitioner has sought directions to respondent No. 1/SDMC for stoppage of work and removal of illegal and unauthorised construction stated to be carried out by respondent No. 4 (as per amended memo of parties) at property bearing Khasra No. 139, situated in the revenue estate of Village Maidan Garhi, New Delhi (hereinafter, referred to as the ‘subject property’).

2. The petitioner claims to be the joint owner of the subject property, alongwith respondent No.4, who in fact is stated to be her uncle. It is the petitioner’s case that her father-Late Sh. Het Ram had filed a Civil Suit with respect to the subject property against respondent No.4, and after his passing away on 21.04.2020, respondent No.4 started raising illegal and unauthorised construction at the subject property in September, 2021. It is alleged that in connection therewith, the petitioner made several complaints to the concerned authorities, whereafter a notice dated 08.10.2021 was issued by respondent No.1/SDMC to the SHO, P.S. Maidan Garhi for stopping the unauthorised construction activity at the

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