Back
DELHI HIGH COURT
MANOJ KUMAR OHRI
Sachin Kumar Verma – Appellant
Versus
South Delhi Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. petitioner's ownership and claims of unauthorized construction. (Para 1 , 2 , 3) |
| 2. court's examination of demolition actions taken. (Para 4 , 7 , 8) |
| 3. allegations of further illegal construction after demolition. (Para 5 , 6) |
| 4. court's decision to dispose of the petition. (Para 10 , 11) |
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 p
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.
Authorities must act against unauthorized constructions and provide necessary police assistance for lawful demolitions, affirming the duty to enforce regulations.
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.
A petition under article 226 of the Constitution of India lies only for enforcement of a fundamental or legal right, and lack of locus standi and failure to demonstrate infringement of fundamental or....
The court emphasized the importance of considering the case on its own merits based on the details specified in the show cause notice and expediting the appeal process.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
