RAJESH GUPTA Vs. SDMC, THROUGH

JUDGEMENT

(1.) This hearing has been held through video conferencing.

(2.) The present revision petition was filed for a limited purpose i.e. nongrant of interim order by the Trial Court in the suit filed by the Petitioner. The grievance of the Petitioners was that the Respondent No.2 was carrying out unauthorised construction on the Second Floor of the suit property i.e. Property No. 2/35, Ansari Road, Daryaganj, New Delhi, without obtaining proper sanction. The Petitioners had relied upon reports of the South Delhi Municipal Corporation (hereinafter, 'SDMC') and the local SHO, which were filed before the Trial Court, to submit that the SDMC and the SHO were clear that there was illegal construction going on in the property. However, despite these reports having been filed, the Trial Court had not passed any injunction order restraining the unauthorized construction, and the Petitioners, who are the residents of the Ground Floor of the suit property were being severely inconvenienced and put to enormous harassment. Hence the present petition was filed.

(3.) The matter was first listed before this Court on 7th September, 2020, on which date Ms. Aakanksha Kaul, ld. counsel appearing for the SDMC had confirmed to the Court that a notice had already been issued under Sections 343 and 344 of the Delhi Municipal Corporation Act, 1957 against the unauthorized construction.