Delhi High Court - Orders
Masjid And Madarsa Ayesha vs Delhi Urban Shelter Improvement Board on 11 January, 2023
Author: Satish Chandra Sharma
Bench: Chief Justice, Subramonium Prasad
$~22.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7865/2022 & CM APPL. 24033/2022, CM APPL.
41628/2022, CM APPL. 41629/2022, CM APPL. 43092/2022, CM
APPL. 43093/2022, CM APPL. 43096/2022
MASJID AND MADARSA AYESHA ..... Petitioner
Through: Mr. Arvind Kumar Shukla, Ms.
Neena Shukla, Ms. Reetu Sharma,
Mr. Amit Kumar, Mr. Nihal Ahmad,
Mr. Shantanu Shukla, Mr. Ranjan
Mishra and Ms. Anjali Sharma, Advs.
versus
DELHI URBAN SHELTER IMPROVEMENT BOARD
..... Respondent
Through: Mr. Rishi Kant Singh, Advocate
Mr. Sanjeev Sabharwal, SC, MCD.
Mr. Santosh Kumar Tripathi, SC,
Civil, GNCTD with Mr. Arun
Panwar, Mr. Pradyumn Rao, Mr.
Tapesh Raghav, Ms. Mahak
Rankawat and Mr. Utkarsh Singh,
Advs. for R-3, R-4 and R-5.
Dr. T.R. Naval, Mr. Aakash Naval,
Advs. for Proposed Respondents.
SI Narendra Kumar, PS Nand Nagri
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 11.01.2023 The present PIL has been filed by Masjid and Madarsa Ayesha, which is a trust registered under the Trust Act, for removal/ demolition of illegal/ Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:13.01.2023 14:51:34 unauthorized construction over the property bearing House Nos. - 80-F/2, 628-F/2, 629-F/2, 630-F/2 Block F/2 & I-23, I-24, I-25, Block - I, Ward No.33E, Sunder Nagri, Nand Nagri, Delhi.
Various orders were passed from time to time by this Court for the removal of unauthorized illegal constructions and finally a detailed and exhaustive status report has been filed by Municipal Corporation of Delhi (MCD) in term of order dated 28.09.2022. Paragraphs 3 to 9 of the said status report read as under:
"3. That it is submitted that the status report was earlier submitted before this Hon'ble court, the demolition action was fixed for 21.09.2022 & 22.09.2022 against the unauthorized construction over the properties mentioned below:
a) Property No. L-341-342, Sunder Nagri, Delhi.
The demolition action has been taken on 21.09.2022 against the above property and demolished 02 RCC Panels has been cut at the roof of the property. 01 RCC panel has been cut at 4 th floor of the property. FF of the property has been sealed at 02 sealing points, 4th floor of the property has been sealed at 01 sealing point. 4th Floor has been sealed at 02 sealing points. The photographs of the demolition action are annexed as Annexure R-1 colly.
b) Property No. L-509, 510, Sunder Nagri, Delhi. The demolition action has been taken on 22.09.2022 against the above property and 01 RCC panel has been demolished at FF and after taking demolition action property has been sealed completely. The photographs of the demolition action are annexed as Annexure R-2 colly.
c) Property No. F-2/628-629-630, Sunder Nagri, Delhi. The demolition action has been taken on 22.09.2022 against the above property and 01 RCC panel, 01 RCC panel at roof of the building, 01 RCC panel at 4th floor of the property has been Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:13.01.2023 14:51:34 demolished and complete property has been re-sealed after taking demolition action. The photographs of the demolition action are annexed as Annexure R-3 colly.
4. That this Hon'ble court vide orders dated 20.09.2022 has directed the Respondent / MCD to inspect all the properties in locality, including the properties of the petitioner and take action in accordance with Law.
5. That in compliance of the Hon'ble court orders dated 20.09.2022, inspection of the area know as Sunder Nagri as well as the properties of the trustee of the petitioner, MASJID & MADARSA AYESHA has been carried out by the field staff of the Building Department, Shahdara North Zone, MCD.
6. That it is submitted that the area know as SUNDER NAGRI is a Re-settlement Colony / J.J. Slum Cluster, controlled and managed by Delhi Urban Shelter Improvement Board (DUSIB). It is further pertinent to mention here that the plots measuring about 22.5 sq. yds. of the area had been allotted to economically weaker sections of the society by the DUSIB and are required to be built, as per the standard building plan.
7. That it is submitted that, during the inspection, the construction activities found in progress has been booked for unauthorized construction and details of the actions initiated by the answering respondent are as under:-
i) F-1/61-100, Gali No. 1, Sunder Nagri, Delhi.
The unauthorized construction, in shape of entire GF and raising columns & walls at first floor along with the projection on mpl land, has been booked vide file no. 87/UC/B-I/SH- N/2022 dated 13.10.2022. The show cause notice U/s 343 & 344 (1) of the DMC Act dated 13.10.2022 has been sent to owner/ occupier of the property vide speed post. However, he has not submitted any reply to the same within stipulated time. The demolition notice U/s 343 of the DMC Act dated 28.10.2022 duly sent to owner/occupier of the property vide speed post. However he neither complied with the demolition notice nor file any response to be same within stipulated time, hence demolition order were passed on 10.11.2022 after Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:13.01.2023 14:51:34 passing due process of Law. It is further submitted that demolition action has also taken on 12.12.2022 and demolished partition wall at FF of the property. The photographs of the demolition action are enclosed herewith as Annexure - R-4.
ii) N-271-272, Gali No. 6, Sunder Nagri, Delhi. The unauthorized construction, in shape of entire GF, FF & raising column & wall at second floor along with the projection on mpl land, has been booked vide file no. 88/UC/B-I/SH- N/2022 dated 13.10.2022. The show cause notice U/s 343 & 344 (1) of the DMC Act dated 13.10.2022 has been sent to owner/ occupier of the property vide speed post. However, he has not submitted any reply to the same within stipulated time. The demolition notice U/s 343 of the DMC Act dated 28.10.2022 duly sent to owner/occupier of the property vide speed post. However he neither complied with the demolition notice nor file any response to be same within stipulated time, hence demolition order were passed on 10.11.2022 after passing due process of Law. It is further submitted that demolition action has also taken on 23.12.2022 and demolished 01 RCC panel at FF. The photographs of the demolition action are enclosed herewith as Annexure - R-5.
iii) N-291-292, Sunder Nagri, Delhi.
The unauthorized construction, in shape of entire SF, TF & Fourth Floor along with the projection on mpl land. (GF & FF old and occupied), has been booked vide file no. 89/UC/B-I/SH- N/2022 dated 13.10.2022. The show cause notice U/s 343 & 344 (1) of the DMC Act dated 13.10.2022 has been sent to owner/ occupier of the property vide speed post. However, he has not submitted any reply to the same within stipulated time. The demolition notice U/s 343 of the DMC Act dated 28.10.2022 duly sent to owner/occupier of the property vide speed post. However he neither complied with the demolition notice nor file any response to be same within stipulated time, hence demolition order were passed on 10.11.2022 after passing due process of Law.
iv) H-423, Gali No. 7, Sunder Nagri, Delhi.
Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:13.01.2023 14:51:34The unauthorized construction, in shape of GF (03 shops), FF, SF & TF along with the projection on mpl land, has been booked vide file no. 90/UC/B-I/SH-N/2022 dated 13.10.2022. The show cause notice U/s 343 & 344 (1) of the DMC Act dated 13.10.2022 has been sent to owner/ occupier of the property vide speed post. However, he has not submitted any reply to the same within stipulated time. The demolition notice U/s 343 of the DMC Act dated 28.10.2022 duly sent to owner/occupier of the property vide speed post. However he neither complied with the demolition notice nor file any response to be same within stipulated time, hence demolition order were passed on 10.11.2022 after passing due process of Law.
v) K-4/74, K-Block, MCD Flats, Sunder Nagri, Delhi. The unauthorized construction, in shape of excess coverage/deviation against standard plan with projection at FF and unauthorized construction of entire S.F. along with projection on Mpl. Land, has been booked vide file no. 91/UC/B-I/SH-N/2022 dated 13.10.2022. The show cause notice U/s 343 & 344 (1) of the DMC Act dated 13.10.2022 has been sent to owner/ occupier of the property vide speed post. However, he has not submitted any reply to the same within stipulated time. The demolition notice U/s 343 of the DMC Act dated 28.10.2022 duly sent to owner/occupier of the property vide speed post. However he neither complied with the demolition notice nor file any response to be same within stipulated time, hence demolition order were passed on 10.11.2022 after passing due process of Law. It is further submitted that demolition action has also taken on 23.12.2022 and demolished 02 RCC panels at FF & SF. The photographs of the demolition action are enclosed herewith as Annexure - R-6 colly.
8. That it is also submitted that in terms of the orders dated 20.09.2022, the property of the Masjid & Madarsa Ayesha (Ahle Hadees) Trust also has been inspected which is infect a Masjid & Madarsa which is met for public worship. The structure over the Masjid is very old and prayer are being offer there by the public at large. The properties of the Trustee and Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:13.01.2023 14:51:34 Founder / Shelter of the petitioner as mentioned in Trust Deed annexed in the petition also inspected and actions against the same also initiated as per the provision of the DMC Act. The details of the actions / proceeding initiated against the properties of the trusty are as under:-
i) I-421-422-445-446, Captain Javed Ali Marg, Sunder Nagri, Delhi.
The unauthorized construction, in shape of entire GF, FF, SF, TF & Mobile Tower on roof along with the projection on mpl land. (old & occupied), has been booked vide file no. 100/UC/B-I/SH-N/2022 dated 17.11.2022. The show cause notice U/s 343 & 344 (1) of the DMC Act dated 17.11.2022 has been sent to owner/ occupier of the property vide speed post. He has submitted the reply dated 24.11.2022 to the above show cause notice. The above said reply has been examined by the department and after examination the same was found unsatisfactory. Hence demolition notice U/s 343 of the DMC Act dated 02.12.2022 duly sent to owner/occupier of the property vide speed post. However he neither complied with the demolition notice nor file any response to be same within stipulated time, hence demolition order were passed on 20.12.2022 after passing due process of Law. The property is residentially occupied hence, the vacation notice dated 27.12.2022 has been sent to SHO PS Nand Nagri as well as to the owner/occupier to vacate the property, so that demolition action could be executed there.
ii) E-5/69, DDA Flat, Nand Nagri, Delhi.
The unauthorized construction, in shape of entire GF, FF, SF (old & occupied), has been booked vide file no. 96/UC/B-I/SH- N/2022 dated 17.11.2022. The show cause notice U/s 343 & 344 (1) of the DMC Act dated 17.11.2022 has been sent to owner/ occupier of the property vide speed post. He has submitted the reply dated 25.11.2022 to the above show cause notice. The above said reply has been examined by the department and after examination the same was found unsatisfactory. Hence demolition notice U/s 343 of the DMC Act dated 02.12.2022 duly sent to owner/occupier of the Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:13.01.2023 14:51:34 property vide speed post. However he neither complied with the demolition notice nor file any response to be same within stipulated time, hence demolition order were passed on 19.12.2022 after passing due process of Law. The property is residentially occupied hence, the vacation notice dated 28.12.2022 has been sent to SHO PS Nand Nagri as well as to the owner/occupier to vacate the property, so that demolition action could be executed there.
iii) I-349, Sunder Nagri, Delhi.
The unauthorized construction, in shape of entire GF, FF, SF & TF along with the projection on mpl land. (Old & occupied), has been booked vide file no. 101/UC/B-I/SH-N/2022 dated 17.11.2022. The show cause notice U/s 343 & 344 (1) of the DMC Act dated 17.11.2022 has been sent to owner/ occupier of the property vide speed post. He has submitted the reply dated 25.11.2022 to the above show cause notice. The above said reply has been examined by the department and after examination the same was found unsatisfactory. Hence demolition notice U/s 343 of the DMC Act dated 02.12.2022 duly sent to owner/occupier of the property vide speed post. However he neither complied with the demolition notice nor file any response to be same within stipulated time, hence demolition order were passed on 20.12.2022 after passing due process of Law. The property is residentially occupied hence, the vacation notice dated 27.12.2022 has been sent to SHO PS Nand Nagri as well as to the owner/occupier to vacate the property, so that demolition action could be executed there.
iv) N-460-461, Street No. 9, Sunder Nagri, Delhi. The unauthorized construction, in shape of at Basement, G.F., F.F., S.F., T.F., Fourth floor entire, was booked vide file no. 02/B-I/UC/SH-N/2015 dated 07/01/2015. The show cause notice U/s 343 & 344 (1) of the DMC Act dated 07.01.2015 has been sent to owner/ occupier of the property. However, he has not submitted any reply to the same within stipulated time. The demolition notice U/s 343 of the DMC Act dated 23.01.2015 duly sent to owner/occupier of the property. However he neither complied with the demolition notice nor file any Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:13.01.2023 14:51:34 response to be same within stipulated time, hence demolition order were passed on 26.02.2015 after passing due process of Law. The property is residentially occupied hence, the vacation notice dated 27.12.2022 has been sent to SHO PS Nand Nagri as well as to the owner/occupier to vacate the property, so that demolition action could be executed there.
v) B-38/2, Khasra No. 500, G/F, Garima Garden, Sahibabad, Ghaziabad, U.P. 201005.
It is submitted that this property does not fall under the jurisdiction of the respondent MCD. As same is fall under the state of U.P.
vi) Kh. No. 1974, Iqbal Colony, Pasonda, Sahibabad, Ghaziabad, U.P. 201005.
It is submitted that this property does not fall under the jurisdiction of the respondent MCD. As same is fall under the state of U.P.
vii) E-1/196, Nand Nagri, Delhi.
The unauthorized construction, in shape of entire GF, FF & SF along with the projection on mpl land. (Property is old & occupied), has been booked vide file no. 97/UC/B-I/SH-N/2022 dated 17.11.2022. The show cause notice U/s 343 & 344 (1) of the DMC Act dated 17.11.2022 has been sent to owner/ occupier of the property vide speed post. However, he has not submitted any reply to the same within stipulated time. The demolition notice U/s 343 of the DMC Act dated 02.12.2022 duly sent to owner/occupier of the property vide speed post. However he neither complied with the demolition notice nor file any response to be same within stipulated time, hence demolition order were passed on 19.12.2022 after passing due process of Law. The property is residentially occupied hence, the vacation notice dated 28.12.2022 has been sent to SHO PS Nand Nagri as well as to the owner/occupier to vacate the property, so that demolition action could be executed there.
viii) E-1/228, Nand Nagri, Delhi.
The unauthorized construction, in shape of entire GF, FF & SF Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:13.01.2023 14:51:34 along with the projection on mpl land. (Property is old & occupied), has been booked vide file no. 98/UC/B-I/SH-N/2022 dated 17.11.2022. The show cause notice U/s 343 & 344 (1) of the DMC Act dated 17.11.2022 has been sent to owner/ occupier of the property vide speed post. He has submitted the reply dated 25.11.2022 to the above show cause notice. The above said reply has been examined by the department and after examination the same was found unsatisfactory. Hence demolition notice U/s 343 of the DMC Act dated 02.12.2022 duly sent to owner/occupier of the property vide speed post. However he neither complied with the demolition notice nor file any response to be same within stipulated time, hence demolition order were passed on 19.12.2022 after passing due process of Law. The property is residentially occupied hence, the vacation notice dated 28.12.2022 has been sent to SHO PS Nand Nagri as well as to the owner/occupier to vacate the property, so that demolition action could be executed there.
ix) E-5/137, Nand Nagri, Delhi.
The unauthorized construction, in the shape of entire GF, FF, SF & TF along with the projection on mpl land. (Old & occupied), has been booked vide file no. 99/UC/B-I/SH-N/2022 dated 17.11.2022. The show cause notice U/s 343 & 344 (1) of the DMC Act dated 17.11.2022 has been sent to owner/ occupier of the property vide speed post. However, he has not submitted any reply to the same within stipulated time. The demolition notice U/s 343 of the DMC Act dated 02.12.2022 duly sent to owner/occupier of the property vide speed post. However he neither complied with the demolition notice nor file any response to be same within stipulated time, hence demolition order were passed on 19.12.2022 after passing due process of Law. The property is residentially occupied hence, the vacation notice dated 28.12.2022 has been sent to SHO PS Nand Nagri as well as to the owner/occupier to vacate the property, so that demolition action could be executed there.
x) I-421, I-Block, Sunder Nagri, Delhi.
This property amalgamated with property no. I-422-445-446, Captain Javed Ali Marg, Sunder Nagri, Delhi which is already Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:13.01.2023 14:51:34 booked as mentioned above at S. No. (i).
xi) O-172, Sunder Nagri, Delhi.
The unauthorized construction, in the shape of entire GF, FF & SF along with the projection on mpl land. (Property is old & occupied), has been booked vide file no. 102/UC/B-I/SH- N/2022 dated 17.11.2022. The show cause notice U/s 343 & 344 (1) of the DMC Act dated 17.11.2022 has been sent to owner/ occupier of the property vide speed post. However, he has not submitted any reply to the same within stipulated time. The demolition notice U/s 343 of the DMC Act dated 02.12.2022 duly sent to owner/occupier of the property vide speed post. However he neither complied with the demolition notice nor file any response to be same within stipulated time, hence demolition order were passed on 20.12.2022 after passing due process of Law. The property is residentially occupied hence, the vacation notice dated 27.12.2022 has been sent to SHO PS Nand Nagri as well as to the owner/occupier to vacate the property, so that demolition action could be executed there.
9. That the further action would be taken against the mentioned properties in due course of time as per law."
The aforesaid status report makes it very clear that action has been initiated by the Municipal Corporation of Delhi and unauthorized illegal constructions/ encroachments are being removed. Demolition activities are duly being carried out. Learned Counsel for the Petitioner was fair enough in informing this Court that he is satisfied with the action initiated by the MCD. Learned Counsel for the MCD has also stated categorically before this Court that removal of encroachments is a continuous running process and in future also they shall be removing all unauthorized illegal constructions, if any, in the locality.
In light of the detailed status report and after recording the satisfaction Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:13.01.2023 14:51:34 of learned Counsel for the Petitioner, the present PIL stands disposed of and the MCD shall make all possible endeavour to ensure that no further unauthorized constructions/ encroachments take place in future.
SATISH CHANDRA SHARMA, CJ SUBRAMONIUM PRASAD, J JANUARY 11, 2023 N. Khanna Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:13.01.2023 14:51:34