LAWS(DLH)-2009-4-638

VIJAY AGGARWAL Vs. MCD AND ANR

Decided On April 01, 2009
VIJAY AGGARWAL Appellant
V/S
Mcd And Anr Respondents

JUDGEMENT

(1.) The present writ petition is filed by the petitioner prayinginter aliafor directions to the respondents to remove the unauthorized construction/encroachment on the public land adjoining the eastern and southern wall of Cottage No. 22, West Patel Nagar, New Delhi.

(2.) Counsel for the petitioner draws the attention of this Court to some queries raised by the petitioner to the respondent, by an application dated 10.07.2007 under the Right to Information Act, 2005, and the reply dated 10.08.2007, given thereto by the respondent/MCD. One of the queries raised by the petitioner was as to whether any permission has been given by the MCD to the said shops and whether any encroachment has been made adjoining the premises of the petitioner. The MCD has categorically stated that no permission has been granted for setting up the said shops at the location in question and removal action of the encroachment had taken place on 17.07.2007. It is further stated in the reply that as and when any type of temporary encroachment is noticed, the same shall be removed on monthly action plan basis.

(3.) Counsel for the respondent, who appears on advance copy, submits that the respondent shall undertake further removal action in respect of encroachment if any, at the aforesaid site.