Delhi High Court - Orders
Naveen Kumar & Anr vs Municipal Corporation Of Delhi & Anr on 7 December, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15773/2023, CM APPL. 63362/2023 & CM APPL.
63363/2023
NAVEEN KUMAR & ANR. ..... Petitioner
Through: Mr. Brajesh Pandey and Mr.
Anilendra Pandey Pandey,
Advocates.
versus
MUNICIPAL CORPORATION OF DELHI
& ANR. ..... Respondents
Through: Mr. Ashutosh Gupta, Advocate for
MCD.
Mr. Ashim Vachher, SC for DDA.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 07.12.2023
1. The petitioner has filed this writ petition under Article 226 of the Constitution of India in respect of 14 alleged unauthorised constructions in Karol Bagh, Delhi.
2. Mr. Ashutosh Gupta, learned counsel for the Municipal Corporation of Delhi ["MCD"], who appears on advance notice, submits that 12 of the properties have been inspected and 7 of them were found to have construction in excess of the sanctioned plans. As far as these 7 properties are concerned, MCD has booked the properties and subsequently passed demolition orders in respect of 6 properties and one property has been sealed. Details of the 14 properties, including the action taken and date of demolition orders passed are as follows:
W.P.(C) 15773/2023 Page 1 of 4This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2023 at 03:50:01 S.No. Property No. Action Taken Demolition/Sealing Action Taken Date of U/s 343 & 344 demolition of DMC Act. order passed.
1. 53/74, Ramjas Road, Karol - - - Bagh
2. 61/36, Ramjas Road, Karol 29.10.2004 - 17.11.2004 Bagh
3. 60/31, Ramjas Road, Karol 13.03.2023 - 31.05.2021 & Bagh 06.07.2023
4. 61/12, Ramjas Road, Karol 02.12.2019 Demolition Action taken on 18.12.2019 Bagh 09.02.2021 & Sealing Action taken on 02.11.2022
5. 61/22, Ramjas Road, Karol 28.09.2021 Sealed on 10.09.2021 - Bagh
6. 52/70, Ramjas Road, Karol - - - Bagh
7. 25, New Rohtak Road, Karol - - - Bagh
8. 27B/3, New Rohtak Road, - - - Karol Bagh
9. 696, Main Military Road, 01.11.2022 Demolition Action taken on 21.11.2022 Punjabi Basti, Anand Parbat, 30.11.2022 & 28.12.2022 Karol Bagh
10. 1C/20, New Rohtak Road, - - - Karol Bagh
11. 67/7, Ratan Nagar, Karol 05.01.2021 Demolition action taken on 11.08.2020 & Bagh 14.07.2021 03.02.2021
12. 4, Guru Gangeshwar Dham - - -
Road, Ajmal Khan Road, Karol Bagh
13. 2-C/25, New Rohtak Road, 27.05.2022 - 27.09.2022 Karol Bagh
14. 53/14, Ramjas Road, Karol - - -
Bagh W.P.(C) 15773/2023 Page 2 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2023 at 03:50:01
3. As far as two properties [property No. 25, New Rohtak Road, Karol Bagh, Delhi and property No. 4, Guru Gangeshwar Dham Road, Ajmal Khan Road Karol Bagh, Delhi] are concerned, Mr. Gupta states that the properties could not be identified. For this purpose, the petitioner is directed to assist the concerned Assistant Engineer in identification of the properties. Joint inspection be carried out on 12.12.2023 at 11:30 AM. Upon inspection, if any unauthorised construction is found, Mr. Gupta states that necessary action will be initiated expeditiously and in any event within four weeks from thereafter.
4. In view of the aforesaid submissions of Mr. Gupta, Mr. Brajesh Pandey, learned counsel for the petitioner, states that no further orders are required in this writ petition, which stands disposed of alongwith all pending applications.
5. It is made clear that the aforesaid submissions are recorded without prejudice to the rights and contentions of any owners/occupants of the subject property whose statutory remedies are reserved. MCD is directed to take action strictly in accordance with law, and after complying with all statutory formalities.
6. In the event, the petitioner has any further grievance, with regard to unauthorised construction, he may approach the Special Task Force ["STF"], constituted by the Supreme Court vide orders dated 24.04.2018 and 18.07.2018 in W.P.(C) 4677/1985 [M.C. Mehta vs Union of India & Ors.]. This direction is made with reference to the decisions of the Division Bench of this Court in Devender vs. Govt. of NCT of Delhi and Ors [order dated 20.09.2018 in W.P.(C) 1807/2018], Sneh Lata & Anr. vs. North Delhi Municipal Corporation & Anr. [order dated W.P.(C) 15773/2023 Page 3 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2023 at 03:50:01 08.04.2019 in LPA 245/2019], in Himanshu vs. East Delhi Municipal Corporation & Anr. [order dated 31.07.2023 in W.P.(C) 8104/2022], of the learned Single Bench in Abdul Gaffar vs South Delhi Municipal Corporation & Ors. [order dated 28.02.2019 in W.P.(C) 1773/2019].
PRATEEK JALAN, J DECEMBER 7, 2023 SS/ W.P.(C) 15773/2023 Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2023 at 03:50:01