ANIRUDH KUMAR Vs. M C D & ORS

JUDGEMENT

(1.) The petitioner, a resident of second floor of property No.D-1, Hauz Khas, New Delhi and aggrieved from the setting up of a Diagnostic Centre/Pathological Laboratory in the name and style of Dr. Dang s Diagnostic Medical Centre by the respondents no.6 & 7 at the ground and first floors of the said property, preferred the present petition impugning the order dated 11th July, 2006 of the respondent no.1 MCD permitting the setting up of such Diagnostic Centre/Pathological Laboratory and seeking a mandamus against the respondent no.1 MCD for prohibiting the running of the said Clinical Pathology Laboratory and to ensure removal of all plant & machinery installed therein which are alleged to be a health and a fire hazard to the property and occupants thereof.

(2.) The petition came up before this Court first on 11th January, 2008 for admission. This Court finding that the Clinical Pathological Laboratory had been set up in the year 1995 and was continuing since then and the petitioner had first objected to the same by filing W.P.(C) No.8808/2004 and during the pendency whereof the Master Plan of Delhi (MPD)-2021 had come into force and whereunder Regularization Certificate dated 11th July, 2006 (supra) was issued and whereafter the earlier writ petition was withdrawn, held the challenge by the petitioner to the said Regularization Certificate dated 11th July, 2006 to be not maintainable. The grievance of the petitioner with regard to the installation of the Generator set was also held to be a private grievance which could not form the subject matter of a writ petition. Thus limited notice of the petition was issued "in respect of non-compliance of the Clauses 3 & 7 of the Regularization Certificate aforesaid".

(3.) The said clauses 3 & 7 of the Regularization Certificate dated 11th July, 2006 granting permission for running of a Clinical Pathology Laboratory at the ground and first floors of the property are as under:-