Delhi High Court - Orders
Bimalendu Ghosh Dastidar vs South Delhi Municipal Corporation & Ors on 20 July, 2022
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6371/2022 and CM APPL. 19242/2022
BIMALENDU GHOSH DASTIDAR ..... Petitioner
Through: Mr. Amit Saxena, Advocate.
versus
SOUTH DELHI MUNICIPAL CORPORATION &
ORS. ..... Respondents
Through: Mr. Ajjay Aroraa and Mr. Kapil
Dutta, Advocates for respondent
No.1.
Mr. Nipun Katyal, Advocate for
respondent No.2.
Respondent No. 3 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 20.07.2022
1. Learned counsel for respondent No. 1 submits that, though there exists a sanctioned building plan, however certain deviations were noted in the subject property and requisite action was also taken. A copy of the Status Report by way of an affidavit has been placed on record on behalf of the answering respondent. Relevant excerpt of the same reads as follows:-
"On inspection and on referring to the record available in this regard, the status of actions as taken/carried out is entailed herein below:-
i) As per record in respect of the subject property there is a Sanction Building Plan bearing File No 15/B/CZ/2001 Dated 21/3/2001 for carrying out the additional construction in the shape of First floor and Second floor over already existing Ground floor.Signature Not Verified
Digitally Signed By:SANGEETA ANAND Signing Date:22.07.2022 14:14:10
ii) On inspection of the subject property on 18/4/2022 and noticing the deviations against said Sanction Building Plan the same has been booked for unauthorized construction vide U/C File no 131/UC/B- 1/SZ/2022 Dated 18/4/2022 in the shape of "Deviation against SBP No-15/B/CZ/2001/75 Dated 21/3/2001 in the form of construction in rear portion at Ground Floor and First Floor as shown in rough sketch (GF & FF is very Old and Occupied), for taking the necessary demolition action u/s 343/344 of DMC Act.
iii) Upon following the due process of law the necessary Demolition order/Notice has also been stands passed/issued vide dated 27/4/2022. Copy of demolition order/notice as passed/issued is annexed herewith as Annexure -A.
iv) Furthermore, letter dated 5/5/2022 u/s 344(2) of the DMC Act, has also been sent to SHO, PS. C.R Park, New Delhi with the request that the said unauthorized construction be stopped immediately and workmen present at the premises/ property in question be removed and construction material including the tools, machinery, etc. be also seized. Copy of letter as sent in this regard is annexed as Annexure -B.
4. That pursuant to aforesaid Demolition Order, the Building Department -1 has also taken/ carried out the necessary demolition action, in respect of the subject property, on dated 12/5/2022 and vide same upon availability of Police Force demolished partly two(2) Toilet rooms recently constructed at First Floor Level at rear open side. The photographs taken during the said demolition action are annexed herewith as Annexure-C (Colly).
5. That after taking the aforementioned demolition action a letter bearing No. D-472/EE(Bldg.)I/SZ/2022 dated 17/05/2022 has also been sent to concerned SHO, PS C.R. Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:22.07.2022 14:14:10 Park, New Delhi with the request to direct the concerned patrolling staff to keep strict watch and ward over the subject property so that the demolished portion may not be repaired/ reconstructed/ restored. Copy of letter as sent in this regard is annexed herewith as Annexure-D."
2. In view of the above, no further orders are required to be passed in the present petition and the same is disposed of accordingly. However, respondents No. 1 and 2 shall ensure that no construction contrary to sanctioned building plan is carried out at the subject property. Miscellaneous application is disposed of as infructuous.
MANOJ KUMAR OHRI, J JULY 20, 2022/ga Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:22.07.2022 14:14:10