LAWS(DLH)-2022-3-23

TEPANDER GIRI Vs. SHO & ORS

Decided On March 29, 2022
Tepander Giri Appellant
V/S
Sho And Ors Respondents

JUDGEMENT

(1.) The instant writ petition under Article 226 of the Constitution of India, read with Sec. 482 of Code of Criminal Procedure, 1973 (hereinafter "Cr.P.C. ") has been filed by the Petitioner seeking the following reliefs:

(2.) Mr. Puneet Goel, learned counsel appearing on behalf of the petitioner submitted that one Mr. Netrapal Yadav had vacated the property bearing plot No. B-281, Gharoli Dairy Farm, Delhi (hereinafter "the said property ") and ran somewhere with all his belongings. It is further submitted that one Mr. Joginder Bhati and his associates tried to encroach the said property, demolished the entire structure and raised illegal/unauthorized construction and have taken unlawful possession of the said property.

(3.) Learned counsel appearing on behalf of the petitioner submitted that as per the provisions of the Delhi Municipal Corporation Act, 1957, no one can raise any construction without obtaining prior approval from the Municipal Corporation. It is submitted that in the instant case, no approval had been taken by Mr. Joginder Bhati to carry out the said construction on the said property.