Delhi High Court - Orders
Umair Siddiqui vs North Delhi Municipal Corporation & Ors on 10 January, 2023
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8043/2021
UMAIR SIDDIQUI ..... Petitioner
Through: None.
versus
NORTH DELHI MUNICIPAL CORPORATION &
ORS. ..... Respondents
Through: Mr. Anand Prakash, Standing
Counsel with Ms. Varsha Arya,
Advocate for MCD/respondent No.1.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 10.01.2023
1. Present none for the petitioner.
2. It is noted that the petitioner has remained unrepresented even on the last date of hearing.
3. The present petition, which has been filed under Article 226 of the Constitution of India, relates to illegal and unauthorised construction stated to be carried out by respondent No. 3/Ilyas Qureshi at property bearing No. 1824, Chatta Agha Jaan, Darya Ganj, Delhi - 110002 (hereinafter referred to as the 'subject property').
4. Mr. Anand Prakash, learned Standing Counsel for respondent No.1/Corporation submits that Action Taken Report has been filed though the same is not on record. He has handed over a copy of the same which is taken on record. The Status Report which reads as under :-
Digitally Signed By:SANGEETA ANAND Signing Date:12.01.2023 11:12:35 "3. That it is respectfully submitted that in execution of demolition order dated 19.08.2021 passed in respect of unauthorised construction in property bearing No. 1824, Chatta Agha Jaan, Kalan Mahal, Jama Masjid, Delhi - 06, action was planned for 29.09.2022 wherein 02 RCC panels at roof of fifth floor with the help of gas cutter were cut down. Photograph showing said demolition action dated 20.09.2022 is annexed herewith as Annexure A.
4. That it is respectfully submitted that as the property in question has been occupied illegally therefore a vacation notice dated 02.01.2023 has been issued to the SHO P.S. Chandni Mahal with the request to get the premises vacated so that action may be taken. It is submitted that another action was planned for 09.01.2023 for which SHO P.S. Chandni Mahal was duly informed vide letter dated 05.01.2023. A copy of vacation notice dated 02.01.2023 and letter dated 05.01.2023 are annexed herewith as Annexure B & C respectively.
5. That is it respectfully submitted that demolition action could not be taken on 09.01.2023 on account of rising Air Pollution in Delhi and implementation of GRAP stage-III because ban has been imposed upon all construction/demolition activities in Delhi w.e.f. 06.01.2023 which is still operative. Further action in the matter shall be taken in due course in accordance with law as per policy of the Corporation and after lifting ban on construction and demolition activities in view of the rising of Air Pollution in Delhi.
6. That it is submitted that as per record a letter dated 22.10.2021 has been issued to the authorities concerned for disconnection of electricity and water supply in the property in question. It is respectfully submitted further that sealing proceedings under section 354-A of the DMC Act have also been initiated against the unauthorised construction in the property in question. A copy of the letter dated 22.10.2021 Digitally Signed By:SANGEETA ANAND Signing Date:12.01.2023 11:12:35 is annexed herewith as Annexure-D."
5. Learned Standing Counsel for respondent No.1/Corporation, on instructions, submits that remaining action would be taken expeditiously in accordance with law.
6. Considering the Status Report as well as submissions made on behalf of respondent No.1/ Corporation, the present petition is disposed of with the directions that respondent No.1/Corporation shall ensure that necessary action is taken expeditiously and preferably within three months from today. SHO, P.S. Chandni Mahal is directed to provide all such necessary police assistance to respondent No.1/Corporation in carrying out the needful action.
MANOJ KUMAR OHRI, J JANUARY 10, 2023 ga Digitally Signed By:SANGEETA ANAND Signing Date:12.01.2023 11:12:35