Delhi High Court - Orders
Satish Grover vs Municipal Corporation Of Delhi & Ors on 6 January, 2023
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 17674/2022
SATISH GROVER ..... Petitioner
Through: None.
versus
MUNICIPAL CORPORATION OF DELHI & ORS....Respondents
Through: Mr. Ajjay Aroraa, Standing Counsel
with Mr. Kapil Datta and Mr. Anuj
Bhargava, Advocates for respondent
No.1.
Mr. Ashim Vachher, Standing
Counsel with Mr. Kunal Kalra,
Advocate for respondent No.2.
Mr. Vinod Pant, Advocate for
respondent Nos.4 and 5.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 06.01.2023 CM.APPL No. 595/2023 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CM. APPL. No.594/2023 (Stay filed by R-4 & 5) & W.P.(C) 17674/2022
1. By way of CM. APPL. No.594/2023, respondent Nos. 4 & 5 seek stay of demolition/sealing order passed against their property by respondent No.1.
2. Issue notice.
3. Learned counsels as above, accept notice for the respective respondents. Present none for the petitioner. Digitally Signed By:SANGEETA ANAND Signing Date:07.01.2023 14:08:51
4. A perusal of the present writ petition would show that the petitioner has sought direction to respondent No.1 to initiate action against the illegal and unauthorised construction of an additional floor on the common terrace/roof of flats bearing No. 6109/8 and 6149/7 both at D-6, Vasant Kunj, New Delhi (hereinafter, referred to as the 'subject properties'). The petitioner has also sought a direction to respondents No.1 and 2 to conduct a survey in the property bearing No. D-6, Santushti Apartment, Vasant Kunj, New Delhi.
5. Mr. Ajjay Aroraa, learned Standing Counsel appearing for respondent No.1/MCD, on instructions, submits that after noticing the unauthorised construction in the subject properties, demolition order was passed and the subject properties were sealed way back on 05.09.2018. He further submits that owners/occupiers of the subject properties are unauthorisedly occupying the subject properties after tampering with the seals.
6. Mr. Vinod Pant, learned counsel appearing for respondents No. 4 and 5 submits that demolition/sealing action was challenged before the Appellate Tribunal, MCD by way of an appeal, however, the said appeal was not entertained because of the pendency of the present petition. He further submits that answering respondents have not received any notice prior to the passing of the demolition/sealing order. He seeks leave to withdraw the CM. APPL. No.594/2023 with liberty to re-approach the Appellate Tribunal, MCD against the impugned action of respondent No.1. He prays that no coercive action be taken for a period of two weeks for him to approach the Tribunal.
The leave and liberty as prayed for, is granted. The captioned Digitally Signed application is disposed of with a direction that respondent No.1/MCD shall By:SANGEETA ANAND Signing Date:07.01.2023 14:08:51 not take any coercive steps for a period of two weeks from today to enable respondents No. 4 and 5 to take recourse to the proceedings before the Appellate Tribunal, MCD and whereafter, the continuation of the interim order granted herein shall be sought from the Tribunal itself.
7. It is clarified that subject to the outcome of proceedings filed, if any, before the Tribunal, respondent No.1/Corporation shall take the requisite action against the subject properties expeditiously and in accordance with law.
8. Considering the fact that demolition/sealing order has already been passed with respect to the subject properties, no further orders are required to be passed with respect to prayer 'A' of the petition. In so far as prayer 'B' is concerned, respondent No.1/Corporation is directed to conduct a survey in the property bearing No. D-6, Santushti Apartment, Vasant Kunj, New Delhi and, in case, any unauthorised construction is noticed, requisite action be taken in accordance with law.
9. In view of the above directions, no further orders are required to be passed in the petition and the same is disposed of.
10. Pending application is also disposed of in the above terms.
11. The date already fixed i.e., 14.02.2023 stands cancelled.
MANOJ KUMAR OHRI, J JANUARY 6, 2023/v Digitally Signed By:SANGEETA ANAND Signing Date:07.01.2023 14:08:51