IN THE MATTER OF:-
First petitioner's name AND OTHERS…PETITIONERS
VERSUS
NORTH Municipal corporation name (North ___) MUNICIPAL CORPORATION
AND OTHERS…RESPONDENTS
INDEX
| S. NO. | PARTICULARS | PAGE NOS. |
|---|
| 1. | SYNOPSIS AND LIST OF DATES | |
| 2. | WRIT PETITION UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA ALONG WITH AFFIDAVIT | |
| 3. | ANNEXURE-A (Colly) Copy of the Memos dated First memo date to Last memo date | |
| 4. | ANNEXURE-B Copy of the Complaint dated Complaint date vide DD No. DD number of complaint sent by the Petitioners to Respondent No. 2 | |
| 5. | ANNEXURE-C Copy of the letter dated Letter to respondents date sent by the Petitioners to Respondent Nos. 1 to 6 | |
| 6. | ANNEXURE-D Copy of the Newspaper Clipping as published in the Hindustan Times dated Newspaper clipping date | |
| 7. | ANNEXURE-E (Colly) Copies of the letters dated Letters to respondents dates sent by the Petitioners to the Respondents | |
| 8. | ANNEXURE-F Copy of the Site Visit Report dated Site visit report date | |
| 9. | ANNEXURE-G Copies of the photographs depicting the unauthorised and illegal construction | |
| 10. | ANNEXURE-H Copy of the FIR No. FIR number of FIR year dated FIR date under Sections 380/454, IPC, 1860 | |
| 11. | ANNEXURE-I Copy of the letter dated Later letter date sent by the Petitioners to the Respondents, reiterating the contents of the letter dated Earlier letter date reiterated | |
Petitioner No. 1, Petitioner No. 2, Petitioner No. 3, Petitioner No. 4
THROUGH
( Advocate's name )
ADVOCATE
Enrollment No. Advocate's enrollment number
Address: Advocate's address
Email: Advocate's email
Mobile No.: Advocate's mobile number
Place: Place of signing
Signed on: Date of signing
Filed on: Date of filing
IN THE HIGH COURT OF High Court name
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION (CIVIL) NO. Writ petition number OF Writ petition year
IN THE MATTER OF:-
1.Mr. First petitioner's name,
S/D/W/o Shri First petitioner's father's name,
R/o. First petitioner's address
2.Mr. Second petitioner's name,
S/D/W/o Shri Second petitioner's father's name,
R/o. Second petitioner's address
3.Mr. Third petitioner's name,
S/D/W/o Shri Third petitioner's father's name,
R/o. Third petitioner's address
4.Mr. Fourth petitioner's name,
S/D/W/o Shri Fourth petitioner's father's name,
R/o. Fourth petitioner's address
…PETITIONERS
VERSUS
1.North Municipal corporation name (North ___) Municipal Corporation,
Through its Commissioner,
Zonal Building, Zonal building address of corporation
2.The Deputy Commissioner (North East),
North Municipal corporation name (North ___) Municipal Corporation,
Zonal Building, Zonal building address of corporation
3.The Executive Engineer (Building),
North Municipal corporation name (North ___) Municipal Corporation,
Zonal Building, Zonal building address of corporation
4.The Commissioner of Police,
Police Headquarter, Police headquarter location
5.The Deputy Commissioner of Police,
Police Station, Police station name of DCP
6.The Station House Officer (SHO),
Police Station, Police station name of SHO
7.Mr. Respondent No. 7's name,
S/o Shri Respondent No. 7's father's name,
R/o. Respondent No. 7's address
8.Mr. Respondent No. 8's name,
W/o Shri Respondent No. 8's husband's name,
R/o. Respondent No. 8's address
9.Mr. Respondent No. 9's name,
W/o Shri Respondent No. 9's husband's name,
R/o. Respondent No. 9's address
…RESPONDENTS
PETITIONERS
( Advocate's name )
ADVOCATE
Enrollment No. Advocate's enrollment number
Address: Advocate's address
Email: Advocate's email
Mobile No.: Advocate's mobile number
Place: Place of signing
Date: Date of signing
SYNOPSIS
That the Petitioners herein are aggrieved by the illegal and unauthorised construction being carried out by the owners of the residential premises bearing no. Respondents' premises number (hereinafter referred to as "Short form of respondents' premises"), which construction is contrary to the approved building plans and constitutes a clear violation of, and deviation from, the Delhi Building Bye-Laws, 1983 and the Building Development Regulations. The said unauthorised and illegal construction is being carried out by Respondent Nos. 7 to 9 with complete impunity, and it has already caused, and continues to cause, massive loss and damage to the neighbouring building, namely the property bearing no. Petitioners' premises number (hereinafter referred to as "Short form of petitioners' premises"), belonging to the Petitioners. The colossal loss and damage caused to Short form of petitioners' premises poses a serious threat to the lives of the Petitioners, who reside in Short form of petitioners' premises.
The Petitioners respectfully state that the following losses and damages have already been caused to the building Short form of petitioners' premises owing to the unauthorised and illegal construction carried out by Respondent Nos. 7 to 9:-
(i)It has been found that the foundation level of building no. Respondents' building number was dug deeper than that of building no. Petitioners' building number, without taking due precautions to avoid damage to building no. Petitioners' building number. Owing to this excavation, the soil beneath the footings of building no. Petitioners' building number has become loose, and due to the settlement of the footings, various cracks have developed in the adjacent horizontal and vertical grids.
(ii)There is an extended construction of an R.C.C. frame structure in Respondents' building number at the rear, in the setbacks, extending far beyond the footprint and setback lines of building no. Petitioners' building number.
(iii)As building no. Petitioners' building number is sagging owing to the settlement of its footings, the load on the columns of Petitioners' building number has lost stability, resulting in numerous cracks in several columns and beams.
(iv)Owing to these cracks, the plaster on the walls of building no. Petitioners' building number has been damaged along the adjacent horizontal and vertical grids, and at various other places.
(v)Owing to the water curing carried out on the walls of building no. Respondents' building number, the wall paint of building no. Petitioners' building number has been damaged, and considerable seepage has commenced on the adjacent horizontal and vertical grid walls of building no. Petitioners' building number, necessitating repainting.
The Petitioners seek to place reliance on the Site Visit Report dated Site visit report date issued by an independent Structural Engineer, namely Structural engineer's name, Consultant, who has rendered the following suggestions:-
"RETRO-FITTING"
"It is suggested that, first, all of the above damages to building no. Petitioners' building number should be repaired and rectified immediately, so as to avoid further damage to building no. Petitioners' building number."
In addition to the aforesaid, the diabetic mother of Petitioner No. 2, who resides on the third floor of Short form of petitioners' premises, has been adversely affected by the unauthorised construction carried out at Short form of respondents' premises. The mother of Petitioner No. 2 is now deprived of her easementary right of passage of light, air and ventilation, which has severely affected her health.
Further, the unauthorised and illegal construction at Short form of respondents' premises, carried out in violation of the approved building plans and the building bye-laws, coupled with the illegal extensions and protruding parapets, has already caused and may further cause theft or burglary in the neighbourhood, and more particularly at Short form of petitioners' premises, since the said unauthorised and illegal extensions provide easy access to thieves and other anti-social elements into the neighbouring building. It is submitted that already, on Date of theft, the valuable belongings of Petitioner No. 3, who resides on the second floor of Short form of petitioners' premises, were stolen. Accordingly, FIR No. FIR number of FIR year, dated FIR date, under Sections 380/454, IPC, 1860, has been registered at Police Station Police station where FIR registered.
That the Petitioners herein have addressed various letters dated First letter date, Second letter date, Third letter date and Fourth letter date to Respondent Nos. 1 to 6, requesting the said Respondents to ensure that the unauthorized and illegal construction is stopped forthwith. However, Respondent Nos. 1 to 6 have chosen not to perform their statutory duties in consonance with the Delhi Building Bye-Laws, 1983 and the Delhi Municipal Corporation Act, 1957.
The Petitioners, being aggrieved by the rampant and continuous illegal and unauthorized construction, have no other alternative remedy but to file the present Writ Petition.
Hence, the present Writ Petition.
| Date building constructed | The Petitioners are joint owners of the building bearing No. Petitioners' building number (hereinafter referred to as "Short form of petitioners' premises"), which was constructed in accordance with the building plans sanctioned vide Memo No. Sanction memo number dated Sanction memo date by the then Municipal Corporation of Former municipal corporation name, now known as the North Municipal corporation name (North ___) Municipal Corporation |
| Date of completion certificate | The Completion Certificate in respect of Petitioners' building number was granted by the Municipal Corporation of Former municipal corporation name vide Memo No. Completion certificate memo number dated Completion certificate memo date (also bearing Sl. No. Completion certificate serial number dated Completion certificate serial number date). |
| Date petitioners learnt of construction | During the month of Month of learning of construction, the Petitioners were apprised of the illegal and unauthorized construction, carried out in contravention of the approved building plans and the bye-laws, being undertaken by Respondent Nos. 7 to 9. Constrained by the said unauthorized and illegal construction, the Petitioners lodged a complaint dated Complaint date vide DD No. DD number of complaint with the SHO, Police Station, Police station name, requesting him to intervene and stop the unauthorized construction. Pursuant thereto, and in compliance with the direction of the Station House Officer, Police Station, Police station name, Respondent Nos. 7 to 9 stopped the further unauthorized and illegal construction |
| Post Date construction stopped | Subsequent to the stoppage of the illegal and unauthorized construction by Respondent Nos. 7 to 9, the Petitioners commenced repair work in the month of Month of repair work in respect of the damages and losses caused to their premises, i.e., Petitioners' premises. However, in the course of such repairs, the Petitioners were shocked to observe that the damages and losses caused to the building, Petitioners' premises, were massive. |
| Date construction recommenced | Respondent Nos. 7 to 9, in utter disregard of the approved building plans, the Delhi Building Bye-Laws, 1983 and other statutory provisions, recommenced the unauthorized construction with effect from Date construction recommenced. |
| Date demolition letter sent | The Petitioners were constrained to address a letter dated Demolition letter date to Respondent Nos. 1 to 6, amongst others, inter alia praying that the illegal and unauthorized construction be demolished forthwith, as the same had damaged the building bearing No. Petitioners' building number. |
| Date newspaper reports read | The Petitioners reliably learnt from newspaper reports dated Newspaper report date that, in terms of a circular or directive issued by the Police Commissioner, City of Police Commissioner, the Station House Officers had been restrained from stopping any illegal or unauthorized construction. |
| Date letter with photographs sent | The Petitioners thereafter sent another letter dated Letter with photographs date to Respondent Nos. 1 to 6, amongst others, enclosing therewith photographs of the rampant unauthorized construction being carried out by Respondent Nos. 7 to 9, along with the site report dated Site report date of Structural engineer's name Consultants. |
| Date second letter sent | The Petitioners, on Date of sending letter, again sent another letter dated Second letter date to Respondent Nos. 1 to 6, amongst others, as some of the addresses stated in the letter dated First letter date may have been incorrect. |
| Date of filing writ petition | The Petitioners, being aggrieved by the rampant and continuous illegal and unauthorized construction carried out by Respondent Nos. 7 to 9 in contravention of the approved building plans and the building bye-laws, and which has caused losses and damages to the building of the Petitioners, seek a writ of mandamus praying for demolition of the unauthorized and illegal construction raised against the approved building plans and the building bye-laws. |
IN THE HIGH COURT OF High Court name
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION (CIVIL) NO. Writ petition number OF Writ petition year
IN THE MATTER OF:-
1.Mr. First petitioner's name
S/D/W/o Shri First petitioner's father's name
R/o First petitioner's address
2.Mr. Second petitioner's name
S/D/W/o Shri Second petitioner's father's name
R/o Second petitioner's address
3.Mr. Third petitioner's name
S/D/W/o Shri Third petitioner's father's name
R/o Third petitioner's address
4.Mr. Fourth petitioner's name
S/D/W/o Shri Fourth petitioner's father's name
R/o Fourth petitioner's address
… PETITIONERS
VERSUS
1.North Municipal corporation name (North ___) Municipal Corporation
Through its Commissioner,
Zonal Building, Zonal building address of corporation
2.The Deputy Commissioner (North East),
North Municipal corporation name (North ___) Municipal Corporation,
Zonal Building, Zonal building address of corporation
3.The Executive Engineer (Building),
North Municipal corporation name (North ___) Municipal Corporation,
Zonal Building, Zonal building address of corporation
4.The Commissioner of Police,
Police Headquarters, Police headquarter location
5.The Deputy Commissioner of Police,
Police Station, Police station name of DCP
6.The SHO,
Police Station, Police station name of SHO
7.Mr. Respondent No. 7's name
S/o Shri Respondent No. 7's father's name
R/o Respondent No. 7's address
8.Mr. Respondent No. 8's name
W/o Shri Respondent No. 8's husband's name
R/o Respondent No. 8's address
9.Mr. Respondent No. 9's name
W/o Shri Respondent No. 9's husband's name
R/o Respondent No. 9's address
… RESPONDENTS
WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SEEKING ISSUANCE OF A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS, THEREBY DIRECTING RESPONDENT NOS. Starting respondent number to demolish TO Ending respondent number to demolish TO DEMOLISH THE UNAUTHORIZED CONSTRUCTION CARRIED OUT BY RESPONDENT NOS. Starting respondent number of builders TO Ending respondent number of builders IN THEIR RESIDENTIAL PROPERTY BEARING NO. Respondents' premises number
TO,
THE HON'BLE CHIEF JUSTICE
AND HIS COMPANION JUDGES OF THE
HIGH COURT OF High Court name
THE HUMBLE PETITION OF THE PETITIONERS ABOVE-NAMED
MOST RESPECTFULLY SHOWETH:-
1.That the Petitioners herein are aggrieved by the illegal and unauthorized construction being carried out by the owners of the residential premises bearing No. Respondents' premises number in violation of and deviation from the approved building plans, the Delhi Building Bye-Laws, 1983 and the Building Development Regulations. The said unauthorized and illegal construction is being carried out by Respondent Nos. 7 to 9 with complete impunity, and has already caused, and is continuing to cause, massive losses and damages to the neighbouring building, namely the property bearing No. Petitioners' premises number, belonging to the Petitioners.
2.That the brief facts leading to the filing of the present Petition are set out herein below:-
(a)That the Petitioners are the joint owners of the building bearing No. Petitioners' building number (hereinafter referred to as "Short form of petitioners' premises"), which was constructed in accordance with the building plans sanctioned vide Memo No. Sanction memo number dated Sanction memo date by the then Municipal Corporation of Former municipal corporation name, now known as Current municipal corporation name. The Completion Certificate in respect of the building bearing No. Petitioners' building number was granted by the Municipal Corporation of Former municipal corporation name vide Memo No. Completion certificate memo number dated Completion certificate memo date (also bearing Sl. No. Completion certificate serial number dated Completion certificate serial number date). Copies of the Memos dated First memo date to Last memo date are annexed hereto and marked as ANNEXURE-A (Colly).
(b)That the Respondent Nos. 7 to 9, who are the owners of the building bearing No. Respondents' building number (hereinafter referred to as "Short form of respondents' premises"), which adjoins Petitioners' premises, have commenced reconstruction of their building with effect from Date construction commenced, which is not only contrary to the approved building plans but is also in clear violation of and deviation from the Delhi Building Bye-Laws, 1983. The illegal and unauthorised construction carried out by the Respondent Nos. 7 to 9 against the approved building plans and the building bye-laws poses a glaring and obtrusive threat to the life of the Petitioners, who reside in the building bearing No. Petitioners' building number.
(c)That the Petitioners, in the month of Month of learning of construction, learnt of the illegal and unauthorised construction being carried out by the Respondent Nos. 7 to 9. Constrained by the said illegal and unauthorised construction, the Petitioners addressed a Complaint dated Complaint date vide DD No. DD number of complaint to the SHO, Police Station Police station name, requesting the SHO to intervene and stop the unauthorised construction. A copy of the Complaint dated Complaint date vide DD No. DD number of complaint sent by the Petitioners to the Respondent No. 2 is annexed hereto and marked as ANNEXURE-B.
(d)That pursuant thereto, the Respondent Nos. 7 to 9, in compliance with the directions of the Station House Officer, Police Station Police station name, stopped further illegal and unauthorised construction.
(e)That after the illegal and unauthorised construction carried out by the Respondent Nos. 7 to 9 was stopped, the Petitioners commenced repair work of the damages and losses caused to their premises, i.e. Petitioners' premises, in the month of Month of repair work. However, during the course of such repairs, the Petitioners were shocked to observe that the losses and damages caused to the building, Petitioners' premises, were massive.
(f)That in order to verify the losses and damages caused to the building, Petitioners' premises, the Petitioners sought the assistance of a Structural Engineer, namely Structural engineer's name Consultants. In the course of ascertaining the damages and losses, the Petitioners were informed that the extent and magnitude of the losses and damages caused to the building, Petitioners' premises, were colossal. Accordingly, the Petitioners requested the Structural Engineer to prepare and submit a report setting out the losses and damages caused to the building, Petitioners' premises.
(g)That the Respondent Nos. 7 to 9, in utter disregard of the approved building plans, the Delhi Building Bye-Laws, 1983 and other statutory provisions, recommenced further illegal and unauthorised construction with effect from Date construction recommenced.
(h)That the Petitioners were accordingly constrained to address a letter dated Demolition letter date to the Respondent Nos. 1 to 6, inter alia, praying that the illegal and unauthorised construction be demolished forthwith, as the same has damaged the building bearing No. Petitioners' building number. A copy of the letter dated Demolition letter date sent by the Petitioners to the Respondent Nos. 1 to 6 is annexed hereto and marked as ANNEXURE-C.
(i)That thereafter, the Petitioners reliably learnt from newspaper reports dated Newspaper report date that, in terms of a circular or directive issued by the Respondent No. 1, the Police Commissioner, City of Police Commissioner, to the Station House Officers, the Station House Officers had been restrained from stopping any illegal or unauthorised construction. A copy of the newspaper clipping as published in the Newspaper name newspaper dated Newspaper clipping date is annexed hereto and marked as ANNEXURE-D.
(j)That the Petitioners thereafter sent another letter dated Second letter date to the Respondent Nos. 1 to 6, enclosing therewith photographs of the rampant illegal and unauthorised construction being carried out by the Respondent Nos. 7 to 9 against the approved building plans and the building bye-laws, along with the Site Report dated Site report date of Structural engineer's name Consultants. The Petitioners respectfully state that the following losses and damages have been caused to the building bearing No. Petitioners' building number on account of the illegal and unauthorised construction carried out by the Respondent Nos. 7 to 9:-
(i)It was found that the foundation level of the building bearing No. Respondents' building number had been dug deeper than that of the building bearing No. Petitioners' building number, without taking due precautions to avoid damage to the building bearing No. Petitioners' building number. On account of this excavation, the soil beneath the footing of the building bearing No. Petitioners' building number has become loose, and owing to the settlement of the footing, various cracks have developed in the adjacent horizontal and vertical grid.
(ii)There is an extended construction of an R.C.C. frame structure in the building bearing No. Respondents' building number at the rear, in the setbacks, extending much beyond the foot print setback of the building bearing No. Petitioners' building number.
(iii)As the building bearing No. Petitioners' building number is sagging due to settlement of its footing, the weight on the columns of the building bearing No. Petitioners' building number has lost stability, resulting in various cracks in several columns and beams.
(iv)On account of these cracks, the plaster of the walls of the building bearing No. Petitioners' building number has been damaged in the adjacent horizontal and vertical grid and at various other places.
(v)Owing to the water curing of the walls of the building bearing No. Respondents' building number, the wall paint of the building bearing No. Petitioners' building number has been damaged, and considerable seepage has commenced on the adjacent horizontal and vertical grid walls of the building bearing No. Petitioners' building number, necessitating repainting.
The Petitioners seek to place reliance on the Site Visit Report dated Site visit report date issued by an independent Structural Engineer, namely Structural engineer's name Consultant, who has rendered the following suggestion:-
"RETRO FITTING"
"It is suggested that, first, all the above damages to the building bearing No. Petitioners' building number should be repaired/rectified immediately, so as to avoid further damage to the building bearing No. Petitioners' building number."
In addition to the aforesaid, the Health condition of Petitioner No. 2's mother mother of Petitioner No. 2, who resides on the Floor where Petitioner No. 2's mother resides of the building bearing No. Petitioners' building number, has been adversely affected by the unauthorised construction carried out at the building bearing No. Respondents' building number. The mother of Petitioner No. 2 is now bereft of access to her easementary right of passage of light, air or ventilation, which has severely affected her health.
Further, the illegal and unauthorised construction at the building bearing No. Respondents' building number, coupled with the illegal extensions and protruding parapets, has already caused and may further cause theft or burglary in the neighbourhood, more particularly at the building bearing No. Petitioners' building number, as the illegal extensions provide easy access to thieves and other undesirable elements from the neighbouring building. It is submitted that on Date of theft, the valuable belongings of Petitioner No. 3, who resides on the Floor where Petitioner No. 3 resides of the building bearing No. Petitioners' building number, were stolen. Accordingly, FIR No. FIR number of FIR year dated FIR date under Sections 380/454 has been registered at Police Station Police station where FIR registered.
Copy of the letters dated Letters to respondents dates sent by the Petitioners to the Respondents is annexed hereto and marked as ANNEXURE-E (Colly). Copy of the Site Visit Report dated Site visit report date is annexed hereto and marked as ANNEXURE-F. Copy of the photographs depicting the unauthorized and illegal construction is annexed hereto and marked as ANNEXURE-G. Copy of the FIR No. FIR number of FIR year dated FIR date registered under Sections 380/454 of the Indian Penal Code, 1860 is annexed hereto and marked as ANNEXURE-H.
That the Petitioners herein, on Date second letter sent, again sent another letter dated Second letter date to Respondent Nos. 1 to 6, amongst others, as some of the addresses stated in the letter dated First letter date may have been incorrect. The Petitioners reiterated the following prayers, which are reproduced hereinbelow:-
a)Direct the concerned Engineer of the Municipal Corporation of Municipal corporation name to stop the further construction on the Respondents' building building and to maintain status quo, since, if the illegal and unauthorized construction is not stopped, the "Petitioners' building" building may collapse, causing casualties among its occupants.
b)Direct the concerned Engineer of the Municipal Corporation of Municipal corporation name to inspect the unauthorized and illegal construction in Building No. Respondents' building number and to prepare a status report.
c)Direct the concerned Engineer to demolish the illegal and unauthorized construction carried out by the owner of the "Respondents' building" building in clear violation of, and deviation from, the approved Building Plans, as the said illegal and unauthorized construction is not in accordance with the building bye-laws, is contrary to the approved Building Plans, constitutes clear violation of and deviation from the Building Bye-Laws, and has caused loss and damage to the "Petitioners' building" building, thereby endangering the lives of the occupants of the "Petitioners' building" building.
Copy of the letter dated Second letter date sent by the Petitioners to the Respondents, reiterating the contents of the letter dated First letter date, is annexed hereto and marked as ANNEXURE-I.
3.That the Petitioners herein, aggrieved by the rampant and continuous illegal and unauthorized construction carried out in violation of the approved building plans / building bye-laws, seek a writ of mandamus praying for the demolition of the unauthorized construction, on the following grounds, which are taken without prejudice to one another:-
GROUNDS
A.That the foundation level of Building No. Respondents' building number was dug deeper than that of Building No. Petitioners' building number, without taking due precautions to avoid damage to Building No. Petitioners' building number, and on account of this excavation, the soil below the footing of Building No. Petitioners' building number has become loose. Due to the settlement of the footing, various cracks have developed along the adjacent horizontal and vertical grid.
B.That there is an extended construction of an R.C.C. frame structure in Respondents' building number at the rear, in the setbacks, extending far beyond the footprint and setback of Building No. Petitioners' building number.
C.That as Building No. Petitioners' building number is sagging due to the settlement of its footing, the load on the columns of Petitioners' building number has lost stability, resulting in various cracks in the columns and beams.
D.That owing to these cracks, the plaster of the walls of Building No. Petitioners' building number has been damaged along the adjacent horizontal and vertical grid and at various other places.
E.That owing to the water curing of the walls of Building No. Respondents' building number, the wall paint of Building No. Petitioners' building number has been damaged, and considerable seepage has commenced on the adjacent horizontal and vertical grid walls of Building No. Petitioners' building number, necessitating repainting.
F.That the mother of Petitioner No. 2, who is diabetic and resides on the third floor of Petitioners' building number, has been adversely affected by the unauthorized construction carried out at Respondents' building number. The mother of Petitioner No. 2 has been deprived of access to her easementary right of passage of light, air and ventilation, which has severely affected her health.
G.That the unauthorized and illegal construction at Respondents' building number, coupled with the illegal extensions and protruding parapets, has already caused, and may further cause, theft or burglary in the neighbourhood, and more particularly at Petitioners' building number, as the illegal extensions provide easy access to thieves and other anti-social elements into the neighbouring building.
H.That Respondent Nos. 1 to 6, despite being in receipt of the letters dated First letter date, Second letter date, Third letter date and Fourth letter date, have wilfully chosen not to restrain the unauthorized and illegal construction being carried out at Respondents' building number in violation of the approved building plans / building bye-laws.
I.That the Petitioners apprehend that the unauthorized and illegal construction being carried out by Respondent Nos. 7 to 9 is in gross violation of the Delhi Municipal Corporation Act, 1957, and no permission has been granted under Section 334 of the said Act.
J.That stern action is required to be taken against unauthorized constructions and misuse of premises, as these activities have continued unabated, without any let or hindrance, and all the warnings have fallen on deaf ears, without any effect upon Respondent Nos. 7 to 9.
K.That under the scheme of the statute, and more particularly Section 343 of the D.M.C. Act, the role of the Commissioner is a power coupled with the performance of a public duty, and he is required to keep the public interest in mind, being the authority charged with the enforcement of the law.
L.That the principle of neighbour proximity is also applicable in the present case, as Respondent Nos. 1 to 6 have miserably failed to comply with their statutory duty to restrain Respondent Nos. 7 to 9 from carrying out unauthorized and illegal construction.
4.That the Petitioners herein have not filed any other similar petition / suit before the Supreme Court of India, this Hon'ble Court, or any other court of law, assailing the unauthorized and illegal construction being carried out by Respondent Nos. 7 to 9 at the premises bearing No. Respondents' premises number.
5.That this Hon'ble Court has territorial jurisdiction to adjudicate the present matter, as the unauthorized and illegal construction is being carried out at the premises bearing No. Respondents' premises number. Therefore, this Hon'ble Court has the requisite jurisdiction to adjudicate the present Writ Petition.
PRAYER
IN VIEW OF THE FACTS AND CIRCUMSTANCES STATED HEREINABOVE, THE PETITIONERS ABOVE-NAMED MOST RESPECTFULLY PRAY THAT THIS HON'BLE COURT MAY KINDLY BE PLEASED TO:-
A.Issue a Writ, Order or Direction in the nature of Mandamus, or any other appropriate Writ, Order or Direction, calling for the records of the case and, after examining the legality and validity thereof, direct Respondent Nos. 1 to 6 to appoint an Engineer to inspect the premises bearing No. Petitioners' premises number and to submit a Status Report on the unauthorized and illegal construction carried out in the said premises in violation of the approved building plans / building bye-laws;
B.Issue a Writ, Order or Direction in the nature of Mandamus, or any other appropriate Writ, Order or Direction, calling for the records of the case and, after examining the legality and validity thereof, direct Respondent Nos. 1 to 6 to demolish the unauthorized and illegal construction carried out by Respondent Nos. 7 to 9 at the premises bearing No. Respondents' premises number, in violation of the approved building plans / building bye-laws.
C.Pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.
Petitioner No.1Petitioner No.2, Petitioner No.3, Petitioner No.4
THROUGH
()
ADVOCATE
ENROLLMENT NO.: Advocate's enrollment number
ADDRESS: Advocate's address
EMAIL: Advocate's email
MOB. NO.: Advocate's mobile number
Place: Place of signing
Signed on: Date of signing
Filed on: Date of filing
IN THE HIGH COURT OF High Court name
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION (CIVIL) NO. Writ petition number OF Writ petition year
IN THE MATTER OF:-
MR. First petitioner's name AND OTHERS…PETITIONERS
VERSUS
NORTH Municipal corporation name (North ___) MUNICIPAL CORPORATION
AND OTHERS…RESPONDENTS
AFFIDAVIT
I, Shri Deponent's name, S/o Shri First petitioner's father's name, aged First petitioner's age years, resident of First petitioner's address, presently at First petitioner's present address, do hereby solemnly affirm and declare as under:-
1.That I am Petitioner No.1 in the above-noted Petition and I am conversant with the facts of the case and am competent to affirm this Affidavit.
2.That the accompanying Civil Writ Petition has been drafted by my counsel under my instructions; the contents of paragraphs 1 to 33 of the Civil Writ Petition have been read over to me and have been correctly understood by me. The same are not reproduced herein for the sake of brevity but may be read as part and parcel of this Affidavit.
3.That the Deponent has not filed any other similar Petition against the Impugned Orders either before this Hon'ble Court or before the Hon'ble Supreme Court of India.
DEPONENT
VERIFICATION :
Verified at Place of verification on this Day of verification day of Month of verification, Year of verification, that the contents of the aforesaid Affidavit contained in paragraphs 1 to 3 are true and correct to my knowledge and belief; no part of it is false and nothing material has been concealed therefrom.
DEPONENT
IN THE HIGH COURT OF High Court name
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION (CIVIL) NO. Writ petition number OF Writ petition year
IN THE MATTER OF:-
MR. First petitioner's name AND OTHERS…PETITIONERS
VERSUS
NORTH Municipal corporation name (North ___) MUNICIPAL CORPORATION
AND OTHERS…RESPONDENTS
AFFIDAVIT
I, Shri Second petitioner's name, S/o Shri Second petitioner's father's name, aged Second petitioner's age years, resident of Second petitioner's address, presently at Second petitioner's present address, do hereby solemnly affirm and declare as under:-
1.That I am Petitioner No.2 in the above-noted Petition and I am conversant with the facts of the case and am competent to affirm this Affidavit.
2.That the accompanying Civil Writ Petition has been drafted by my counsel under my instructions; the contents of paragraphs 1 to 33 of the Civil Writ Petition have been read over to me and have been correctly understood by me. The same are not reproduced herein for the sake of brevity but may be read as part and parcel of this Affidavit.
3.That the Deponent has not filed any other similar Petition against the Impugned Orders either before this Hon'ble Court or before the Hon'ble Supreme Court of India.
DEPONENT
VERIFICATION :
Verified at Place of verification (second affidavit) on this Day of verification (second affidavit) day of Month of verification (second affidavit), Year of verification (second affidavit), that the contents of the aforesaid Affidavit contained in paragraphs 1 to 3 are true and correct to my knowledge and belief; no part of it is false and nothing material has been concealed therefrom.
DEPONENT
IN THE HIGH COURT OF High Court name
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION (CIVIL) NO. Writ petition number OF Writ petition year
IN THE MATTER OF:-
MR. First petitioner's name AND OTHERS…PETITIONERS
VERSUS
NORTH Municipal corporation name (North ___) MUNICIPAL CORPORATION
AND OTHERS…RESPONDENTS
AFFIDAVIT
I, Mrs. Third petitioner's name, W/o Shri Third petitioner's husband's name, aged Third petitioner's age years, resident of Third petitioner's address, presently at Third petitioner's present address, do hereby solemnly affirm and declare as under:-
1.That I am Petitioner No.3 in the above-noted Petition and I am conversant with the facts of the case and am competent to affirm this Affidavit.
2.That the accompanying Civil Writ Petition has been drafted by my counsel under my instructions; the contents of paragraphs 1 to 33 of the Civil Writ Petition have been read over to me and have been correctly understood by me. The same are not reproduced herein for the sake of brevity but may be read as part and parcel of this Affidavit.
3.That the Deponent has not filed any other similar Petition against the Impugned Orders either before this Hon'ble Court or before the Hon'ble Supreme Court of India.
DEPONENT
VERIFICATION :
Verified at Place of verification (third affidavit) on this Day of verification (third affidavit) day of Month of verification (third affidavit), Year of verification (third affidavit), that the contents of the aforesaid Affidavit contained in paragraphs 1 to 3 are true and correct to my knowledge and belief; no part of it is false and nothing material has been concealed therefrom.
DEPONENT
IN THE HIGH COURT OF High Court name
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION (CIVIL) NO. Writ petition number OF Writ petition year
IN THE MATTER OF:-
MR. First petitioner's name AND OTHERS…PETITIONERS
VERSUS
NORTH Municipal corporation name (North ___) MUNICIPAL CORPORATION
AND OTHERS…RESPONDENTS
AFFIDAVIT
I, Mrs. Fourth petitioner's name, W/o Shri Fourth petitioner's husband's name, aged Fourth petitioner's age years, resident of Fourth petitioner's address, presently at Fourth petitioner's present address, do hereby solemnly affirm and declare as under:-
1.That I am Petitioner No.4 in the above-noted Petition and I am conversant with the facts of the case and am competent to affirm this Affidavit.
2.That the accompanying Civil Writ Petition has been drafted by my counsel under my instructions; the contents of paragraphs 1 to 33 of the Civil Writ Petition have been read over to me and have been correctly understood by me. The same are not reproduced herein for the sake of brevity but may be read as part and parcel of this Affidavit.
3.That the Deponent has not filed any other similar Petition against the Impugned Orders either before this Hon'ble Court or before the Hon'ble Supreme Court of India.
DEPONENT
VERIFICATION :
Verified at Place of verification (fourth affidavit) on this Day of verification (fourth affidavit) day of Month of verification (fourth affidavit), Year of verification (fourth affidavit), that the contents of the aforesaid Affidavit contained in paragraphs 1 to 3 are true and correct to my knowledge and belief; no part of it is false and nothing material has been concealed therefrom.
DEPONENT
IN THE HIGH COURT OF High Court name
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION (CIVIL) NO. Writ petition number OF Writ petition year
IN THE MATTER OF:-
MR. First petitioner's name AND OTHERS…PETITIONERS
VERSUS
NORTH Municipal corporation name (North ___) MUNICIPAL CORPORATION
AND OTHERS…RESPONDENTS
APPLICATION ON BEHALF OF THE PETITIONERS UNDER THE PRINCIPLES OF SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 SEEKING EX-PARTE AD-INTERIM RELIEF
MOST RESPECTFULLY SHOWETH
1.That the Petitioners herein are aggrieved by the illegal and unauthorised construction being carried out by the owners of the residential premises bearing no. Number of premises with unauthorised construction, which is contrary to the approved building plans / building bye-laws and is in clear violation of and deviation from the Delhi Building Bye-Laws, 1983 and the Building Development Regulations. The unauthorised and illegal construction is being carried out by Respondent Nos. 7 to 9 with complete impunity, and has caused, and may further cause, massive loss and damage to the neighbouring building, namely the property bearing no. Number of neighbouring affected property.
2.That the Petitioners herein crave leave to refer to and rely upon the averments made in the accompanying Writ Petition, the contents whereof are not repeated herein for the sake of brevity and to avoid prolixity, and the same may be read as part and parcel of this Application.
3.The Petitioners respectfully state that the following loss and damage has been caused to the building Number of neighbouring affected property on account of the unauthorised and illegal construction carried out by Respondent Nos. 7 to 9:-
i)It has been found that the foundation level of building no. Number of neighbouring affected property was excavated to a depth greater than that of building no. Number of premises with unauthorised construction, without taking due precautions to avoid damage to building no. Number of neighbouring affected property. Owing to this excavation, the soil beneath the footing of building no. Number of neighbouring affected property has become loose, and owing to the settlement of the footing, various cracks have developed in the adjacent horizontal and vertical grid.
ii)There is an extended construction of an R.C.C. frame structure at the rear of the building in Details, raised within the setback areas, far beyond the permitted footprint and setback of the said building.
iii) As building No. Details is sagging owing to settlement of its footings, the load on the columns of Details has lost stability, resulting in several cracks in various columns and beams.
iv) On account of these cracks, the plaster of the walls of building No. Details has been damaged along the adjacent horizontal and vertical grids and at various other places.
v)Owing to the water curing of the walls of building No. Details, the wall paint of building No. Details has been damaged, and considerable seepage has commenced on the walls along the adjacent horizontal and vertical grids of building No. Details, necessitating repainting.
The Petitioners seek to place reliance on the Site Visit Report dated Details issued by an independent Structural Engineer, namely Details Consultant, who rendered the following suggestion:-
“RETRO FITTING”
“It is suggested that, first, all the above-mentioned damages to building No. Details should be repaired/rectified immediately, so as to avoid further damage to building No. Details.”
In addition to the aforesaid, the diabetic mother of Petitioner No. 2, who resides on the third floor of Details, has been adversely affected by the unauthorised construction carried out at Details. The mother of Petitioner No. 2 is now deprived of her easementary right of passage, light, air and ventilation, which has severely affected her health.
Further, the unauthorised and illegal construction, raised in violation of the approved building plans and building bye-laws at Details, together with illegal extensions and protruding parapets, has already caused, and may further cause, theft/burglary in the neighbourhood, and more particularly at Details, as the illegal extensions provide easy access to thieves and other anti-social elements into the neighbouring buildings. It is submitted that on Details, the valuable belongings of Petitioner No. 3, who resides on the second floor of Details, were stolen. Accordingly, FIR No. Details of Details, dated Details, under Sections 380/454, has been registered at Details Police Station.
4.That in the aforesaid facts and circumstances, it is submitted that if Respondents Nos. 1 to 6 are permitted to allow Respondents Nos. 7 to 9 to carry out the illegal and unauthorised constructions in the premises bearing Details, the Petitioners will be left remediless, as the present Writ Petition shall be rendered infructuous. It is, therefore, submitted that the unauthorised and illegal construction being carried out by Respondents Nos. 7 to 9, in violation of the approved building plans and building bye-laws, is liable to be stopped forthwith by this Hon'ble Court.
5.That the Petitioners submit that, in the aforesaid facts and circumstances, the Petitioners have a strong prima facie case in their favour, and the impugned notification is liable to be stayed.
6.That this Application is made bona fide and in the interest of justice. The Petitioners shall suffer irreparable loss and injury if the reliefs prayed for are not granted.
PRAYER
IN VIEW OF THE FACTS AND CIRCUMSTANCES STATED HEREINABOVE, THE PETITIONERS ABOVE-NAMED MOST RESPECTFULLY PRAY THAT THIS HON'BLE COURT MAY KINDLY BE PLEASED TO:-
A.Pass an ex-parte ad interim order directing Respondents Nos. 7 to 9, their heirs, officers, servants and agents to maintain status quo with respect to the construction at the premises bearing No. Details till the disposal of the present Writ Petition;
B.Pass an ex-parte ad interim order restraining Respondents Nos. 7 to 9, either directly or through their heirs, officers, servants and agents, from carrying out any further construction at the premises bearing No. Details till the disposal of the present Writ Petition;
C.Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.
Petitioner No.1,Petitioner No.2, Petitioner No.3, Petitioner No.4
THROUGH
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ADVOCATE
ENROLLMENT NO. Details
ADDRESS: Details
EMAIL: Details
MOB. NO. Details
Place: Details
Signed on: Details
Filed on: Details
IN THE HIGH COURT OF Details
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. Details OF Details
IN THE MATTER OF:-
MR. Details AND OTHERS…PETITIONERS
VERSUS
NORTH Details MUNICIPAL CORPORATION
AND OTHERS…RESPONDENTS
AFFIDAVIT
I, Shri Details, S/o Shri Details, agedyears, resident of Details, presently at Details, do hereby solemnly affirm and declare as under:-
1.That I am Petitioner No. 1 in the above-noted Petition; I am conversant with the facts of the case and I am competent to affirm this Affidavit.
2.That the accompanying application for stay has been drafted by my counsel on my instructions. The contents thereof are not reproduced herein for the sake of brevity, but the same may kindly be read as part and parcel of this Affidavit.
3.That the contents of this Affidavit are true and correct to my knowledge.
DEPONENT
VERIFICATION :
Verified at Details on thisday of Details, Details, that the contents of the aforesaid Affidavit of mine contained in paragraphs 1 to 3 are true and correct to my knowledge and belief, that no part of it is false and that nothing material has been concealed therefrom.
DEPONENT
IN THE HIGH COURT OF Details
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. Details OF Details
IN THE MATTER OF:-
MR. Details AND OTHERS…PETITIONERS
VERSUS
NORTH Details MUNICIPAL CORPORATION
AND OTHERS…RESPONDENTS
AFFIDAVIT
I, Shri Details, S/o Shri Details, agedyears, resident of Details, presently at Details, do hereby solemnly affirm and declare as under:-
1.That I am Petitioner No. 2 in the above-noted Petition; I am conversant with the facts of the case and I am competent to affirm this Affidavit.
2.That the accompanying application for stay has been drafted by my counsel on my instructions. The contents thereof are not reproduced herein for the sake of brevity, but the same may kindly be read as part and parcel of this Affidavit.
3.That the contents of this Affidavit are true and correct to my knowledge.
DEPONENT
VERIFICATION :
Verified at Details on thisday of Details, Details, that the contents of the aforesaid Affidavit of mine contained in paragraphs 1 to 3 are true and correct to my knowledge and belief, that no part of it is false and that nothing material has been concealed therefrom.
DEPONENT
IN THE HIGH COURT OF Details
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. Details OF Details
IN THE MATTER OF:-
MR. Details AND OTHERS…PETITIONERS
VERSUS
NORTH Details MUNICIPAL CORPORATION
AND OTHERS…RESPONDENTS
AFFIDAVIT
I, Mrs. Details, W/o Shri Details, agedyears, resident of Details, presently at Details, do hereby solemnly affirm and declare as under:-
1.That I am Petitioner No. 3 in the above-noted Petition; I am conversant with the facts of the case and I am competent to affirm this Affidavit.
2.That the accompanying application for stay has been drafted by my counsel on my instructions. The contents thereof are not reproduced herein for the sake of brevity, but the same may kindly be read as part and parcel of this Affidavit.
3.That the contents of this Affidavit are true and correct to my knowledge.
DEPONENT
VERIFICATION :
Verified at Details on thisday of Details, Details, that the contents of the aforesaid Affidavit of mine contained in paragraphs 1 to 3 are true and correct to my knowledge and belief, that no part of it is false and that nothing material has been concealed therefrom.
DEPONENT
IN THE HIGH COURT OF Details
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. Details OF Details
IN THE MATTER OF:-
MR.Details AND OTHERS…PETITIONERS
VERSUS
NORTH Details MUNICIPAL CORPORATION
AND OTHERS…RESPONDENTS
AFFIDAVIT
I, Details, W/o Shri Details, aged about Details years, resident of Details, presently residing at Details, do hereby solemnly affirm and declare as under:-
1.That I am Petitioner No.4 in the above-noted Petition; I am fully conversant with the facts of the case and am competent to affirm this Affidavit.
2.That the accompanying application for Stay has been drafted by my counsel on my instructions. For the sake of brevity, its contents are not reproduced herein, but the same may kindly be read as part and parcel of this Affidavit.
3.That the contents of this Affidavit are true and correct to my knowledge.
DEPONENT
VERIFICATION :
Verified at Details on this Details day of Details, Details, that the contents of the aforesaid Affidavit contained in paragraphs 1 to 3 are true and correct to my knowledge and belief, that no part of it is false, and that nothing material has been concealed therefrom.
DEPONENT
IN THE HIGH COURT OF Details
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. Details OF Details
IN THE MATTER OF:-
MR.Details AND OTHERS…PETITIONERS
VERSUS
NORTH Details MUNICIPAL CORPORATION
AND OTHERS…RESPONDENTS
APPLICATION ON BEHALF OF THE PETITIONERS UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR EXEMPTION FROM FILING ORIGINAL/ TRUE TYPED/ CERTIFIED AND LEGIBLE COPIES OF DOCUMENTS, AND FOR EXEMPTION FROM FILING DOCUMENTS WITH THE PROPER MARGINS
MOST RESPECTFULLY SHOWETH:
1.That the above-noted Petition has been filed before this Hon'ble Court.
2.That along with the Petition, the Petitioners have filed certain documents relied upon by them. As the copies of some of these documents are dim, and owing to shortage of time, the Petitioners could not file Original/ true typed/ certified and legible copies of the documents annexed thereto as Annexures.
3.That for the said reason, the Petitioners seek further time to file the Original/ true typed/ certified and legible copies of such documents, together with the proper margins required for such documents.
4.That accordingly, the Petitioners pray for exemption from filing the Original/ true typed/ certified and legible copies of the said documents with proper margins. It is stated that the photocopies annexed with the present Petition are true copies of their respective original documents.
5.That the present Application is made bona fide and in the interests of justice.
P R A Y E R
In the above premises, it is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:
(i)take on record the photocopies of the said documents as filed with the Petition, and grant the Petitioners extension of time, or exemption, from filing the Original/ true typed/ certified and legible copies of the documents with the proper margins;
(ii)pass such other and further Orders as this Hon'ble Court may deem fit and proper on the facts and in the circumstances of the case.
Petitioner No.1Petitioner No.2, Petitioner No.3, Petitioner No.4
THROUGH
()
ADVOCATE
ENROLLMENT NO.: Details
ADDRESS: Details
EMAIL: Details
MOB. NO.: Details
Place : Details
Signed on: Details
Filed on :
IN THE HIGH COURT OF Details
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. Details OF Details
IN THE MATTER OF:-
MR.Details AND OTHERS…PETITIONERS
VERSUS
NORTH Details MUNICIPAL CORPORATION
AND OTHERS…RESPONDENTS
AFFIDAVIT
I, Details, S/o Shri Details, aged about Details years, resident of Details, presently residing at Details, do hereby solemnly affirm and declare as under:-
1.That I am Petitioner No.1 in the above-noted Petition; I am fully conversant with the facts of the case and am competent to affirm this Affidavit.
2.That the accompanying application for exemption has been drafted by my counsel on my instructions. For the sake of brevity, its contents are not reproduced herein, but the same may kindly be read as part and parcel of this Affidavit.
3.That the contents of this Affidavit are true and correct to my knowledge.
DEPONENT
VERIFICATION :
Verified at Details on this Details day of Details, Details, that the contents of the aforesaid Affidavit contained in paragraphs 1 to 3 are true and correct to my knowledge and belief, that no part of it is false, and that nothing material has been concealed therefrom.
DEPONENT
IN THE HIGH COURT OF Details
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. Details OF Details
IN THE MATTER OF:-
MR.Details AND OTHERS…PETITIONERS
VERSUS
NORTH Details MUNICIPAL CORPORATION
AND OTHERS…RESPONDENTS
AFFIDAVIT
I, Details, S/o Shri Details, aged about Details years, resident of Details, presently residing at Details, do hereby solemnly affirm and declare as under:-
1.That I am Petitioner No.2 in the above-noted Petition; I am fully conversant with the facts of the case and am competent to affirm this Affidavit.
2.That the accompanying application for exemption has been drafted by my counsel on my instructions. For the sake of brevity, its contents are not reproduced herein, but the same may kindly be read as part and parcel of this Affidavit.
3.That the contents of this Affidavit are true and correct to my knowledge.
DEPONENT
VERIFICATION :
Verified at Details on this Details day of Details, Details, that the contents of the aforesaid Affidavit contained in paragraphs 1 to 3 are true and correct to my knowledge and belief, that no part of it is false, and that nothing material has been concealed therefrom.
DEPONENT
IN THE HIGH COURT OF Details
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. Details OF Details
IN THE MATTER OF:-
MR.Details AND OTHERS…PETITIONERS
VERSUS
NORTH Details MUNICIPAL CORPORATION
AND OTHERS…RESPONDENTS
AFFIDAVIT
I, Details, W/o Shri Details, aged about Details years, resident of Details, presently residing at Details, do hereby solemnly affirm and declare as under:-
1.That I am Petitioner No.3 in the above-noted Petition; I am fully conversant with the facts of the case and am competent to affirm this Affidavit.
2.That the accompanying application for exemption has been drafted by my counsel on my instructions. For the sake of brevity, its contents are not reproduced herein, but the same may kindly be read as part and parcel of this Affidavit.
3.That the contents of this Affidavit are true and correct to my knowledge.
DEPONENT
VERIFICATION :
Verified at Details on this Details day of Details, Details, that the contents of the aforesaid Affidavit contained in paragraphs 1 to 3 are true and correct to my knowledge and belief, that no part of it is false, and that nothing material has been concealed therefrom.
DEPONENT
IN THE HIGH COURT OF Details
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. Details OF Details
IN THE MATTER OF:-
MR.Details AND OTHERS…PETITIONERS
VERSUS
NORTH Details MUNICIPAL CORPORATION
AND OTHERS…RESPONDENTS
AFFIDAVIT
I, Details, W/o Shri Details, aged about Details years, resident of Details, presently residing at Details, do hereby solemnly affirm and declare as under:-
1.That I am Petitioner No.4 in the above-noted Petition; I am fully conversant with the facts of the case and am competent to affirm this Affidavit.
2.That the accompanying application for exemption has been drafted by my counsel on my instructions. For the sake of brevity, its contents are not reproduced herein, but the same may kindly be read as part and parcel of this Affidavit.
3.That the contents of this Affidavit are true and correct to my knowledge.
DEPONENT
VERIFICATION :
Verified at Details on this Details day of Details, Details, that the contents of the aforesaid Affidavit contained in paragraphs 1 to 3 are true and correct to my knowledge and belief, that no part of it is false, and that nothing material has been concealed therefrom.
DEPONENT
DEPONENT