Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 1947/23
CNR No. DLCT030056052023
FIROZUDDIN Vs. NORTH DELHI MUNICIPAL
CORPORATION (MCD) THROUGH ITS COMMISSIONER
19.03.2024
Present : Plaintiff in person.
Sh. Abhishek Kumar, Ld. counsel for the defendant
No.1/MCD.
Sh. Nizamuddin, Ld. counsel for the defendant No.2
& 3 through VC.
Plaintiff has filed copy of the order passed by
Hon’ble Delhi High Court on 17.11.2023 in WP (C) No.
14886/23 wherein the defendant No.1/MCD has filed a report in
respect of property No.4456/57, Gali Akhare Wali, Gali Shahtara,
Ajmeri Gate, Delhi stating that the unauthorized construction was
found during the inspection and demolition order was passed on
19.09.2023.
Plaintiff submits that the property in the present suit
is the same property and thus, the stand of MCD in WS is not
correct in view of the status report filed before Hon’ble Delhi
High Court.
Perusal of the plaint shows that the plaintiff himself
has mentioned that the two properties 4456 and 4457 are two
different properties. However, it is not clear whether the status
report filed before the Hon’ble Delhi High Court pertains to the
property in question in the present suit.
Accordingly, let a report be filed by defendant
No.1/MCD clarifying its stand whether the unauthorized
construction is present in property no.4457 and whether as per
the MCD, the property No. 4456 and 4457 are two different
properties. Report be filed on the next date of hearing.
Contd....2/-
-- 1 of 2 --
-2-
Report be also filed in regard to property No.4458,
Gali Shahtara, Ajmeri Gate, Delhi on the next date of hearing.
Put up for disposal of the interim application on
16.05.2024.
(Pranav Joshi)
ASCJ (Central)/Delhi
19.03.2024
-- 2 of 2 --