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DELHI HIGH COURT
MANOJ KUMAR OHRI
Sachin Kumar Verma – Appellant
Versus
South Delhi Municipal Corporation – Respondent


JUDGMENT

Manoj Kumar Ohri, J. (Oral)--By way of the present petition filed under Article 226 of the Constitution of India, the petitioner seeks directions to respondent No.1 to take action against illegal and unauthorized construction allegedly carried out at the roof of shop Nos.1 to 5 forming part of Khasra No.152, IGNOU Road, Near Bikaner Choice, Paryavaran Complex Saidulajab, New Delhi (hereinafter, referred to as the `subject property'). The petitioner claims to be the owner of shop No.1 at the subject property.

2. It is the case of the petitioner that shop No.1 forming part of the subject property was initially owned by his mother, who expired on 29.01.2021. As a result, ownership of shop No.1 is stated to have devolved upon him. The petitioner has alleged that in January, 2021, respondent Nos. 3 to 5, who are owners/builder of shop Nos. 1 to 5 forming part of the subject property, started carrying out unauthorized and illegal construction on roof of shop Nos.1 to 5 without seeking permission or sanctioned building plan from respondent No.1/SDMC, and in violation of building bye-laws. It is his grievance that the shops in question are old structures in weak and dilapidated

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