ORDER

% 19.01.2024

1. Learned counsel appearing for the respondent submits that the present petition is not maintainable, as the order of which compliance is sought, is an order of dismissal of the writ petition of the petitioner. It is submitted that the writ petition filed by the petitioner had been dismissed vide order dated 27th July, 2022 passed by Coordinate Bench of this court in W.P.(C) No. 13850/2021.

2. It is submitted that the petitioner did not file an affidavit with respect to the locus of the petitioner for filing the said petition, before the writ Court. Therefore, the writ petition filed by the petitioner was dismissed after recording the submission on behalf of Municipal Corporation of Delhi (“MCD”) that action against the unauthorized construction will be taken in accordance with law.

3. Since the statement on behalf of MCD has already been recorded in the order dated 27th July, 2022 in W.P.(C) No. 13850/2021 with respect to taking action against the unauthorized construction, let an affidavit be filed by MCD with respect to the action taken against the unauthorized and illegal construction stated to be existing on properties bearing No. 62-A/1, Khasra No. 136/1/2. Opp. DDA Flats, Village Garhi Jharia Maria, East of Kailash, New Delhi and Plot No. 62-A, Khasra No. 136/1/2, Jharia Maria, adjoining MCD Store, New Delhi.

4. Let Action Taken Report be filed on behalf of the MCD within four weeks.

5. Re-notify on 14th March, 2024.

MINI PUSHKARNA, J JANUARY 19, 2024/kr