ASHISH TIWARI  Vs NORTH MUNICIPAL CORPORATION OF DELHI & ANR.

W.P.(C) 263/2021 Page 1 of 2

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decisio n : 8th January , 2021
+ W.P.(C) 263/2021
ASHISH TIWARI …..Petitioner
Through : Mr. Om Prakash Aggarwal, Advocate

versus

NORTH MUNICIPAL CORPORATION OF DELHI
& ANR. …..Respondent s
Through : Ms. Beenashaw N. Soni, Standing
Counsel, with Ms. Mansi Bhatia, Advocate for R-
1/NDMC.
Mr. Kirti Uppal, Sr. Advocate with Mr. Sidharth
Chopra and Mr. Aditya Awasthi, Advs for R -2.
CORAM:
HON’BLE THE CHIEF JUSTICE
HON’BLE MS. JUSTICE JYOTI SINGH

JUDGMENT

:
(b) Issue an appropriate writ by directing Respondent No.1
to remove the entire illegal and unauthorised construction of
Property No.1395 -1396, Main Road, Chandni Chowk, Katra
Nagin Chand, Delhi -110006 as shown in the photographs and D. N. PATEL, Chief Justice (Oral)

Proceedings in the matter have been conducted through video
conferencing.
1. This Public Interest Litigation has been preferred with the following
prayers : –
“(a) Issue an appropriate writ by directing the Respondent
No.1 to booked the entire premises, which bearing MCD
No.1395 -1396, Main Road, Chandni Chowk, Katra Nagin
Chand, Delhi -110006 as shown in the photographs.

2021:DHC:81-DB
W.P.(C) 263/2021 Page 2 of 2

further to get the possession of the encroaching part in the
premises which is o ver the Public Land.

(c) Issue an appropriate writ by directing the Respondent
No.1 to register the case against Respondent No.2 in respect of
encroachment over Public Land by Respondent No.2 as well as
in respect of raising illegal and unauthorised con struction and
further open the hotel on Ground Floor, First Floor and Second Floor without any proper licence of MCD and proper permission
from fire department as well as from LG for opening the hotel.”

2. Having heard learned counsel s for the parties and looking to the facts
and circumstances of the case, it appears that there are allegations and
counter allegations with respect to the legality or otherwise of the
construction in the premises in question in the writ petition .
3. In view of the aforesaid, we hereby direct Respondent N o.1 to take a
decision with respect to the alleged illegal construction in the concerned
premises . Needless to state that the decision shall be taken in accordance
with law, rules, regulations and G overnment policies , applicabl e to the facts
of the case, as early as possible and practicable and after giving an adequate
opportunity of being heard to all the concerned parties including Respondent
No.2. In case the construction is found to be illegal, Respondent no.1 shall
take nec essary steps to remove / demolish the same, in accordance with the
law.
5. With these observations, the writ petition is disposed of.

CHIEF JUSTICE

JYOTI SINGH, J
JANUARY 8, 2021 /sr
2021:DHC:81-DB