ANGELA JAITLY Vs. KAILASH MEHNDIRATTA

JUDGEMENT

(1.) Vide impugned decision dated July 30, 2014, WP(C) No.4763/2014 filed by the appellant has been dismissed by the learned Single Judge holding that the appellant would be a person aggrieved and thus the remedy would be an appeal under Section 347B of the Delhi Municipal Corporation Act, 1957 before the Appellate Tribunal constituting under the said Act.

(2.) The appellant is the neighbour of the first respondent and the grievance is to a sanction granted to the first respondent to effect construction on plot No.597, Gali Ghanteshwar, Katra Neel, Chandni Chowk, Delhi.

(3.) Existing of an alternative remedy is no bar to the maintainability of a writ petition. The principle of comity adopted by the Courts is that if there is an effective alternative remedy the same should be availed of. But, Courts have interfered if an issue of law arises, not warranting any factual adjudication.