NITIN SHARMA  Vs MUNICIPAL CORPORATION OF DELHI & ANR.

W.P.(C) 980/2021 Page 1 of 3
$~18.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on : 25th January, 2021
+ W.P.(C) 980/2021
NITIN SHARMA ….. Petitioner
Through: Mr.O.P.Aggarwal, Adv.

Versus
MUNICIPAL CORPORATION OF DELHI & ANR. ….. Respond ents
Through: Mr.Siddhant Nath, Adv. for R -1.

CORAM:
HON’BLE THE CHIEF JUSTICE
HON’BLE MS. J USTICE J YOTI SINGH
JUDGMENT
:
1. This writ petition has been preferred with the following prayers: – D.N.PATEL, Chief Justice (Oral)
Proceedings in the matter have been condu cted through video
conferencing.
“(a) Issue an appropriate writ by directing Respondent No.1
to book the entire premises which bearing MCD
No.138- 139, Kucha Ghasi Ram, Chandni Chowk,
Delhi -110006 as shown in two photographs filed by
Petitio ner.

(b) Issue an appropriate writ by directing Respondent No. 1
to issue notice to Respondent No.2 to stop work in
respect of premises No. 138- 139, Kucha Ghasi Ram,
Chandni Chowk, Delhi -110006 as shown in
2021:DHC:290-DB
W.P.(C) 980/2021 Page 2 of 3
photographs as well as mentioned in the Sale Deed.

(c) Issue an appropriate writ by directing the Respondent
No.1 to remove the entire illegal and unauthorised
construction including basement in premises No. 138-
139, Kucha Ghasi Ram, Chandni Chowk, Delhi -110006
as shown in the photographs as well as, as mentioned in the Sale Deed.

(d) Issue and appropriate writ by directing the Respondent
No.1 to register the case against Respondent No.2 in
respect of illegal and unauthorised construction as stated above and constructing the basement by digging
the land underneath the premises at about 8 feet deep
and raise the basement. As well as in respect of raising
the illegal and unauthorised construction. Further to
close the coal depot which is unauthorisedly opened by
Respondent No.2 in the premises on the baseme nt and
on Ground Floor.

(e) Pass any such further or other orders which this Hon’ble
Court may deem fit and proper in the circumstances of the case.
”

2. We have heard learned counsel s for the parties. Learned counsel for
the petitioner submit s that it would suffice for the d isposal of this writ
petition, if the respondents are directed to treat this petition as a
representation and decide the same within a time bound schedule.
3. Looking to the facts and circumstance s of the case, we hereby direct
respondent No.1 to treat this writ petition as a representation and decide the
same in accordance with law, R ules, Regulations and Government P olic ies
applicable to the facts of the case and on the basis of the evidence placed on
record, as expeditiously as po ssible and practicable, but not later than two
2021:DHC:290-DB
W.P.(C) 980/2021 Page 3 of 3
weeks from today , after giving adequate opportunity of being heard to the
concerned parties.
4. The decision taken by respondent No.1 shall be communicated to the
petitioner and/or learned counsel for the petition er.
5. With these observations, this writ petition is disposed of.

CHIEF JUSTICE

J YOTI SINGH, J
J ANUARY 25, 2021
‘anb’

2021:DHC:290-DB