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2023 Supreme(Del) 1993

PRATHIBA M. SINGH
Rajesh Kumar . – Appellant
Versus
Sho, Police Station Najafgarh, Delhi & Anr – Respondent


Advocates appeared:
Mr. Anand Yadav, Advocate, for the Petitioners.
Ms. Rachita Garg and Mr. Yash Singh, Advocates, for the Respondents.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The Petitioners have filed these petitions against Respondent No.1-SHO, PS Najafgarh and Respondent No.2-SDM, Najafgarh seeking directions that the officials of the Respondents ought not to interfere or give directions to stop the construction of boundary wall and filling up of the land/plot of the Petitioners.

3. Ld. counsel for the Petitioners relies upon the order dated 9th February, 2022 passed in similar writ petition being W.P.(C) 2475/2022 titled Shri Rajesh Khanna Through His Father Shri J.C. Khanna v. SHO, Police Station Najafgarh & Anr. and connected writ petitions.

4. Mr. Yadav, ld. Counsel for the Petitioners submits that under Section 475 of the Delhi Municipal Corporation Act, 1957 (hereinafter `DMC Act') if any unauthorised construction is made contrary to any rules, regulations or byelaws of the DMC Act, police officers can give information of the same to the Commissioner under the DMA Act. He further relies upon the Unified Building Byelaws for Delhi 2016, to argue that for construction of the boundary wall under clause 2.0.1(d)(vii), no permission is required.

5. Ld. co

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