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DELHI HIGH COURT
MANOJ KUMAR OHRI
Virender Beniwal – Appellant
Versus
North Delhi Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. petitioner seeks relief against unauthorized construction. (Para 2 , 3) |
| 2. assurances of assistance from authorities. (Para 4 , 7 , 9) |
| 3. details of prior legal actions regarding construction. (Para 5 , 6) |
| 4. court emphasizes duty of respondents to act. (Para 10 , 11) |
| 5. petition disposed, no further orders required. (Para 12) |
JUDGMENT
Manoj Kumar Ohri, J. (Oral)--Present none for respondent No.3.
2. By way of the present petition filed under Article 226 of the Constitution of India, the petitioner has sought the following reliefs:
"a) call for the complete relevant records from Respondent Nos.1 and 2 pertaining to the Complaints made by Petitioner regarding the illegal and unauthorised constructions being carried out by the Respondent No.2 at property bearing Khasra No.412, Shree Sukhlal Market, Pitampura Village, Delhi-110034 including the action taken report and records of Unauthorised Construction File No.186 & 187 dated 22.05.2015;
b) direct the Respondent Nos.1 and 2 to demolish and remove the illegal and unauthorised constructions being carried out by the Respondent No.3 at property bearing Khasra No.412, Shree Sukhlal Market, Pitampura Village, Delhi-110034
Authorities must act against unauthorized constructions and provide necessary police assistance for lawful demolitions, affirming the duty to enforce regulations.
The court ruled that effective action taken under the DMC Act against unauthorized construction was sufficient, permitting the petitioner to pursue further legal avenues if necessary.
The court emphasized the necessity of adhering to principles of natural justice and legal requirements in construction activities, ensuring no unauthorized actions occur without proper sanction.
Availability of alternate remedy under Section 347B of the DMC Act and the principles for entertaining a writ petition under Article 226 of the Constitution.
The High Court holds that once demolition and sealing orders are passed by municipal authorities under the Delhi Municipal Corporation Act, the authorities are duty-bound to execute them within a spe....
Municipal authorities have a duty to enforce laws against unauthorized constructions, and civil court orders do not impede their obligation to act.
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