W.P.(C)/5867/2019 of LALIT MOHAN Vs NORTH DELHI MUNICIPAL CORPORATION

Court: Delhi High Court
Decision date: 2019-05-30
Case number: 5867/2019

Parties

+ W.P.(C) 5867/2019, CM Nos. 25516-25517/2019 LALIT MOHAN (PETITIONER)
NORTH DELHI MUNICIPAL CORPORATION (RESPONDENT)

Cites (1)

W.P.(C)/3268/2019 of MOHD. NIZAMAUDDIN SHAIKH Vs NORTH DELHI MUNICIPAL CORPORATION (2019)

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IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(C) 5867/2019, CM Nos. 25516-25517/2019 LALIT MOHAN LALIT MOHAN

..... Petitioner

Through: Mr. Akshay, Mr. A. Maitri and Ms. Radhika Chand, Advs. Radhika Chand, Advs. versus

NORTH DELHI MUNICIPAL CORPORATION

..... Respondent

Through:

Mr. Siddhant Nath, Panel Adv. for

Nr. DMC

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R R30.05.2019

CM No. 25517/2019 (for exemption)

Exemption allowed, subject to all just exceptions.

Application stands disposed of.

W.P.(C) 5867/2019, CM No. 25516/2019

The present petition has been filed by the petitioner with the

following prayers:

“In the facts and circumstances stated above, it is, therefore,

most respectfully prayed to this Hon’ble Court that to:

(i) Issue an appropriate order, writ direction thereby directing the respondent corporation to allow, sanction permit the proportionate additional FAR and “Commercial use” as per MPD 1962 and MPD 2021 on the petitioner’s plot / area admeasuring 900 sq. yds. At 6-A (6, Alipur Road, Raj Niwas

Marg, Civil Lines, New Delhi).

(ii) Any other relief which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.”

Learned counsel appearing for the Nr. DMC on instructions states that the petitioner is seeking additional FAR and commercial use of the property in question, for which the owner / occupier needs to file an on-line application to enable the Corporation to consider the same and pass orders.

Learned counsel for the petitioner concedes no such application has been made by the petitioner. If that be so, an on-line application shall be made by the petitioner within one week from today which shall be considered by the respondent within eight weeks thereafter, and orders shall be passed, which shall be communicated to the petitioner.

If the petitioner is still aggrieved with the order to be passed, liberty is

with the petitioner to challenge the same in accordance with law.

The writ petition is disposed of.

CM No. 25516/2019

Dismissed as infructuous.

Dasti.

MAY 30, 2019/aky

V. KAMESWAR RAO, J