Delhi High Court - Orders
Rajiv Aggarwal vs Archaeological Survey Of India & Ors on 21 March, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6747/2021 and CM APPL. 20618/2022
RAJIV AGGARWAL ..... Petitioner
Through: Mr. Ajay, Advocate.
versus
ARCHAEOLOGICAL SURVEY OF INDIA
& ORS. ..... Respondents
Through: Mr. Arjun Mahajan, Central Govt
Senior Panel Counsel for R-1 (M-
9810047321)
Mr. Akhil Mittal, Standing Counsel
MCD/Respondent no.2 (M-
9212504099)
Mr. Rohit Jain, Advocate for R-3 to 5.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 21.03.2023
1. This hearing has been done through hybrid mode.
2. The Petitioner in the present case filed the writ petition seeking demolition and removal of unauthorized construction carried out by Respondent Nos. 3 to 5 in the property bearing no. 5903, Jogiwara, Nai Sarak, Chandni Chowk, Delhi 110006 ( hereinafter 'subject property').
3. The prayers in the petition are set out below-
(i) A Writ of Mandamus or any other appropriate Writ Order or Direction in the nature of Mandamus commanding the Respondent Nos. 1 & 2 to forthwith demolish the illegal and unauthorized construction carried out by the Respondent No.3-5 in the alleged property No.5903, Jogiwara, Nai Sarak, Delhi-110006.Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 6747/2021 Page 1 of 5 Signing Date:23.03.2023 16:42:46
(ii) A Writ of Prohibition to restrain the Respondent No. 3-5 from continuing with the said unauthorized construction raised and commercial activities in contravention of the provisions of Delhi Municipal Act, 1957 and the Building Bye-Laws of 1983.
(iii) That cost may be imposed upon the Respondent No.3-5.
(iv) A Writ of mandamus or any other appropriate Writ Order or Direction in the nature of Mandamus directing the Respondent to pay the costs of this petition to the Petitioner.
(v) Pass any other or further directions, orders or writ as this Hon'ble Court may, in the facts and circumstance and in the interest of justice deems fit and proper.
4. The case of the Petitioner is that there is unauthorized construction which was being carried out in respect of the subject property, in an area which also has various ancient monuments, archaeological sites and remains. Accordingly, the Petitioner had made the Archaeological Survey of India (hereinafter 'ASI') and the North Delhi Municipal Corporation (hereinafter 'NrDMC') parties in this matter.
5. The counter affidavit has been filed by Respondent No.3-Raj Kumar, one of the contesting parties to the effect that the construction which was raised was strictly in accordance with the sanctioned building plan and MPD-2021/Unified Building Byelaws-2016. Further, details have been given of a Civil Suit bearing no. 1085/2021 which was pending adjudication before the ASCJ-cum-JSCC (Central), Tis Hazari Courts, Delhi against the NDMC which has now been disposed of. In the said case no injunction was Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 6747/2021 Page 2 of 5 Signing Date:23.03.2023 16:42:46 granted. It is further stated, that the strategy of the Petitioner was to file a writ petition in order to somehow obtain an injunction order.
6. In the status note filed by the ASI, it is submitted that the subject property does not come within the prohibited area. The said averment of the ASI is set out below:
"5.That it is submitted that as far as Property/House No.5903, Jogiwara, Chandni Chauwk, Delhi concern. It is informed that the property is not within the prohibited area (100 meter) or regulated area (200 meter) of any of CPM under Archaeological Survey of India.
Therefore no provision of Ancient Monument & Archaeological Sites and Remains (Amendment & Validation) Act, 2010 (hereinafter referred to as AMASR (A&V) Act, 2010) is applicable on it."
7. Insofar as the NrDMC which is now subsumed in the Municipal Corporation of Delhi ('MCD') is concerned, it is submitted that the Sanctioned Building Plan under the Saral Scheme vide ID No. 10079552 dated 1st November 2020 was issued in respect of the subject property. It was further submitted that on inspection by the field officials dated 25th April 2022, there was some unauthorized construction in the shape of deviation excess coverage against the said plan sanctioned under the Saral Scheme. A show cause notice was issued and the property has, in fact, been booked. A demolition order dated 12th August 2022 has also been passed.
8. The relevant extracts of the status report of the MCD is set out below:
"4. That it is respectfully submitted that as per record, Mr. Raj Kumar Singla, Ms. Rachna Singla and Mrs. Geeta Devi had got released the Sanctioned Building Plan under Saral Scheme vide I.D. No.10079552 dated Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 6747/2021 Page 3 of 5 Signing Date:23.03.2023 16:42:46 01.11.2020 under section 336 of DMC Act, 1957 from North DMC regarding construction in the property bearing no.5903 (New) 2886 (Old) Situated at Jogiwara, Nai Sarak, Delhi-110006. A copy of said sanction letter issued on 01.11.2020 is annexed herewith as Annexure-A.
5. That it is respectfully submitted that on inspection by the field officials on 25.04.2022 it was noticed that unauthorized construction in the shape of deviation/excess coverage against the plan sanctioned under Saral Scheme vide I.D. No.10079552 dated 01.11.2020 at ground floor, first floor, second floor and third floor of the property in question has been carried out by the owners and as such the same was booked under section 343 & 344 of the DMC vide file no.56/90- N/B/UC/EE(B)-I/CSPZ/2022 dated 25.04.2022. A show cause notice dated 25.04.2022 was issued to the owners namely Sh. Raj Kumar Singla, Mrs. Rachna Singla and others to show cause as to why demolition order in respect of aforesaid unauthorized construction be not passed. It is submitted that after following the due process of law demolition order dated 12.08.2022 has been passed by the Competent Authority thereby directing the noticee to demolish the said unauthorized construction within 06 days. A copy of demolition order dated 12.08.2022 is annexed herewith as Annexure-B."
9. In the above facts and circumstances, it is clear that the writ petition would no longer survive as the prayer in the writ petition is merely for demolition of unauthorized construction. Since the authorities have placed their stand on record, which shows that they have already taken cognisance of the deviations if any, the reliefs prayed for would no longer survive.
10. Moreover, it appears that the present petition is a litigation which has been filed owing to the non-grant of injunction in the civil suit. The said Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 6747/2021 Page 4 of 5 Signing Date:23.03.2023 16:42:46 civil suit has also been disposed of. Under these circumstances, the present petition, along with all pending applications, is disposed of.
PRATHIBA M. SINGH, J.
MARCH 21, 2023 dj/rp Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 6747/2021 Page 5 of 5 Signing Date:23.03.2023 16:42:46