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2022 Supreme(Del) 1441

SANJEEV SACHDEVA
Sulekh Malik – Appellant
Versus
South Delhi Municipal Corporation Through Deputy Commissioner – Respondent


Advocates appeared:
Sunil Chauhan, Advocate, Vatsala Chauhan, Advocate, Tushar Sannu, Advocate, Priyanka Tiwary, Advocate, Fayaz Hasan, Advocate, Tabrez Ahmad, Advocate

JUDGMENT

Sanjeev Sachdeva, J. - The hearing was conducted through video conferencing.

2. Petitioner seeks a direction to respondents to stop the illegal unauthorized construction activity being carried out in House No.12, measuring 200 square yards in Khasra No.52, situated in the revenue estate of village-Kishan Garh, Mehrauli, Delhi, now known as Bhawani Kunj, D-2, Vasant Kunj, New Delhi.,

3. Learned counsel for the petitioner submits that on account of digging of the basement, the structural integrity of the property of the petitioner has been affected.

4. Learned counsel appearing for the Corporation submits that there is no sanctioned building plan for raising the construction. He submits that in terms of the order dated 14.09.2021, property of the petitioner was inspected and respondent No.2 was directed to raise a wall in the basement to ensure that there is no damage to the property of the petitioner and structural integrity thereof is maintained.

5. Learned counsel appearing for respondent No.2 undertakes on behalf of respondent No.2 that no unauthorized construction activity shall be carried out in the subject property and no construction shall be carried out until and unless

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