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DELHI HIGH COURT
MANOJ KUMAR OHRI
Babita – Appellant
Versus
SDMC – Respondent
| Table of Content |
|---|
| 1. petitioner seeks action against unauthorized construction. (Para 1 , 2) |
| 2. petitioner claims inaction regarding complaints. (Para 3 , 6) |
| 3. court confirms ongoing proceedings and assurances. (Para 4 , 5 , 7 , 8 , 9) |
| 4. petition disposed of; no further orders necessary. (Para 10 , 11) |
JUDGMENT
Manoj Kumar Ohri, J. (ORAL)
1. By way of the present petition filed under Article 226 of the Constitution of India, the petitioner has sought directions to respondent No. 1/SDMC for stoppage of work and removal of illegal and unauthorised construction stated to be carried out by respondent No. 4 (as per amended memo of parties) at property bearing Khasra No. 139, situated in the revenue estate of Village Maidan Garhi, New Delhi (hereinafter, referred to as the `subject property').
2. The petitioner claims to be the joint owner of the subject property, alongwith respondent No.4, who in fact is stated to be her uncle. It is the petitioner's case that her father-Late Sh. Het Ram had filed a Civil Suit with respect to the subject property against respondent No.4, and after his passing away on 21.04.2020, respondent No.4 started raising illegal and unauthorised construction at th
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.
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.
Municipal authorities are obligated to enforce statutory injunctions against unauthorized construction, and failure to do so can result in personal liability for responsible officials.
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.
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's decision was influenced by the Corporation's revocation of the sanction plan and the pendency of an appeal before the appellate Tribunal, MCD, without making any determination on the meri....
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