Delhi High Court - Orders
Vinod & Ors vs Karan & Ors on 11 March, 2022
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA 88/2022
VINOD & ORS. ..... Appellants
Through : Mr.Shashi Pratap Singh, Advocate.
versus
KARAN & ORS. ..... Respondents
Through : Mr.Sahil A Garg Narwana, Advocate
for respondent No.3/SDMC.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 11.03.2022
CM APPL. 12438/2022
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
RFA 88/2022 & CM APPL. 12439/2022
3. This appeal is filed against the impugned judgment and decree dated 07.12.2021 whereby the suit for permanent injunction and mandatory injunction was decreed by the learned Trial Court against the appellant thereby directing the respondent No.3/MCD to take appropriate action against the appellant herein for making unauthorised construction in the property No.40, Khirki Village, New Delhi.
4. Admittedly, the subject property was constructed upto 4th floor prior to June 2013 as the demolition notice was also issued by the respondent No.3 on 11.07.2013.
5. Section 3(2) of the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 notes:-
3. Enforcement to be kept in abeyance.-(1) Notwithstanding anything contained in any relevant law or any rules, regulations or bye-laws made thereunder, the Central Government shall before the expiry of this Act, take all possible measures to finalise norms, policy guidelines, Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:15.03.2022 16:44 feasible strategies and make orderly arrangements to deal with the problem of encroachment or unauthorised development in the form of encroachment by slum dwellers and Jhuggi-Jhompri clusters, unauthorised colonies, village abadi area (including urban villages), and their extensions, existing farm houses involving construction beyond permissible building limits and schools, dispensaries, religious institutions, cultural institutions, storages, warehouses and godowns used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land, as mentioned below:
(a) orderly arrangements for relocation and rehabilitation of slum dwellers and Jhuggi-Jhompri clusters in Delhi in accordance with the provisions of the Delhi Urban Shelter Improvement Board Act, 20 10 (Delhi Act 7 of 20 I0) and 2[the Master Plan] to ensure its development in a sustainable, planned and humane manner;
(b) xxxxx
(c) orderly arrangements in accordance with the provisions of the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019 (45 of 2019), the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019 and the regulations for village abadi area (including urban villages) and their extensions as per the following cut-off dates;-
(i) for unauthorised colonies as provided in the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019;
(ii) for village abadi area (including urban villages) and their extensions as existed on the 31 st day of March, 2002 and where construction took place even beyond that date and up to Ist day of June, 2014;
(2) xxxxxx (3) All notices issued by any local authority for initiating action against encroachment or unauthorised development in respect of areas referred to in sub-section (1), shall be deemed to have been suspended and no punitive action shall be taken 2[till the 31st day of December, 2023], if-
(a) it is constructed prior to the dates specified for different areas as enumerated in sub-section (2);Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:15.03.2022 16:44
(b) it conforms to the safety standards as ill force or such other safety requirements as may be notified by the Central Government; and
(c) it complies with the directions with respect to safety, if any, issued by the Central Government:
Provided that in case punitive action is required to be taken by any local authority, prior approval of the Administrator of the National Capital Territory of Delhi or the officer authorised by him in this behalf, shall be obtained by the authority or officer concerned.
6. The learned counsel for appellant submits the decree of permanent injunction is not affecting the appellant so far as it relates to construction to be made in future but the appellant is affected by decree of mandatory injunction which ignored the above provisions. Admittedly the demolition order dated 11.07.2013 proves the construction was prior to the date mentioned in the Act, hence need to be protected till 31.12.2023.
7. In the circumstances, notice be issued to the respondents through all modes including email and whatsapp returnable before the learned Registrar on 26.08.2022.
8. Learned counsel for respondent No.3 accepts notice and seeks to file response. As sought, response be filed within six weeks from today with an advance copy thereof to the learned counsel for appellant through email. Rejoinder thereto, if any, be also filed within two weeks thereafter.
9. In the meanwhile, operation of the impugned judgment and decree in so far as it relate to direction to respondent No.3 to take action against appellant qua demolition etc shall remain stayed till further orders.
10. Upon completion of service/pleadings, the matter be listed before this Court.
YOGESH KHANNA, J.
MARCH 11, 2022/M Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:15.03.2022 16:44 Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:15.03.2022 16:44