Delhi High Court - Orders
Abhinav Krishan Aggarwal vs The Commissioner North Delhi Municipal ... on 2 November, 2022
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12768/2021 and CM APPL. 40203/2021
ABHINAV KRISHAN AGGARWAL ..... Petitioner
Through: None
versus
THE COMMISSIONER NORTH DELHI MUNICIPAL
CORPORATION & ORS. ..... Respondents
Through: Mr. Divya Prakash Pande, Standing
Counsel for MCD
Mr. Siddhartha Singh, Advocate for Mohd. Farid
and Mohd. Alam
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 02.11.2022
1. Present none for the petitioner.
2. By way of the present petition filed under Article 226 of the Constitution of India, the petitioner seeks following reliefs:-
"a) Issue a writ of mandamus, writ of prohibition and any other writ, order or directions thereby directing the respondent no.1 to observe its statutory duties and also take appropriate legal action against the illegal and unauthorized construction at the properties nos. 2701 to 2703, Gali Badliyan, Churi Walan, Delhi-6, Property No.3859, Katra Bari, Churi Walan, Delhi-6, Property No.2492, Sita Ram Bazar, Main Chowk, Sadak Prem Naryan, Delhi-6, Property No.2531, Back side, Gali Badliyan, Churi Walan, Delhi-6, Under the law; by sealing, demolishing and taking appropriate actions as per law, and further to direct the respondent no. 1 to take appropriate action against the misuse of the above mentioned premises".
Digitally Signed By:SANGEETA ANAND Signing Date:03.11.2022 11:23:04
3. Learned Standing Counsel for MCD submits that the Status Report has been filed, however, the same is not on record. A copy of the Status Report has been handed over in Court, which is taken on record. The Report reads as under:-
"3. That it is respectfully submitted that a tabular chart showing detailed status and action taken property wise is appended below:-
S. No. Property No. Booking Action Details/Status Taken/Remarks
1. 2701 to 2703, As per record Mohd. Muzammil Gali Badliyan unauthorised filed appeal Churiwalan, construction in the no.482/2022 titled Delhi - 06 form of Mohd. Muzammil deviation/excess Vs. MCD before coverage against the Appellate SBP vide file Tribunal, MCD No.10066648 against the dated 27.08.2019 aforesaid at ground floor, demolition order first floor, second dated 28.06.2022.
floor and third The said appeal is floor was booked now listed for under section 343 hearing on & 344 of the DMC 09.12.2022. Act vide file Orders dated No.52/UC/87- 22.08.2022 and N/B-II/CSPZ/2022 19.09.2022 passed dated 02.04.2022. by the ATMCD are After following the annexed herewith due process of law as Annexure-A demolition order (Colly). Letters dated 28.06.2022 have been issued was passed to the authorities thereby directing concerned for the noticee Sh. disconnection of Digitally Signed By:SANGEETA ANAND Signing Date:03.11.2022 11:23:04 Javed Azam & electricity and Mohd. Muzammil water supply in the to demolish the property in said unauthorised question. Further construction action in the within 06 days. matter shall be taken in due course in accordance with law as per policy of the Corporation.
2. 3869, Katra As per record Action was Bari, unauthorised planned for Churiwlan, construction in the 23.03.2021 Delhi-06 shape of ground wherein roof slab floor and walls at of ground floor first floor in was partly property no.3869, demolished and Katra Beriwala, made unuseable Sarak Prem with the help of Narayan, Bazar local police force. Sita Ram, Delhi- Another action 06 was booked was planned for under section 343 22.12.2021 & 344 of the DMC however action Act vide file could not be taken No.81/UC/87- due to shortage of N/EE(B)- time. Further II/CSPZ/2020 actions were dated 19.10.2020. planned for After following the 16.08.2021, due process of 21.09.2021, law, demolition 22.12.2021, order dated 20.01.2022 and 19.10.2020 was 14.09.2022 passed thereby however action directing the could not be taken Digitally Signed By:SANGEETA ANAND Signing Date:03.11.2022 11:23:04 noticee to due to shortage of demolish the said time. Another unauthorised action was construction planned for within 06 days. 14.10.2022 Further wherein one RCC unauthorised panel at roof slab construction in the of third floor was shape of entire demolished and first floor was cut down with gas booked under cutter. Photograph section 343 & 344 showing of the DMC Act demolition action vide file on 14.10.2022 is No.40/UC/87- annexed herewith N/EE(B)- as Annexure-B. II/CSPZ/2021 Letters have been dated 25.03.202 issued to the and after authorities following the due concerned for process of law, disconnection of demolition order electricity and dated 22.07.2021 water supply in the was passed property in thereby directing question. Further the noticee to action in the demolish the said matter shall be unauthorised taken in due construction course in within 06 days. accordance with The property in law as per policy question was of the inspected on Corporation.
01.04.2022 wherein the property was found comprising of ground floor, Digitally Signed By:SANGEETA ANAND Signing Date:03.11.2022 11:23:04 first floor, second floor and third floor. The unauthorised construction of third floor of the property in question was also booked under section 343 & 344 of the DMC Act vide file No.54/UC/87- N/B-II/CSPZ/2022 dated 02.04.2022.
3. 2492, Sita As per record Letters have been Ram Bazar, unauthorised issued to the Main Chowk, construction in the authorities Sarak Prem shape of fourth concerned for Narayan, floor and fifth disconnection of Delhi-06 floor was booked electricity and under section 343 water supply in the & 344 of the DMC property in Act vide file question. Further No.51/UC/87- action in the N/B-II/CSPZ/2022 matter shall be dated 02.04.2022 taken in due and after course in following the due accordance with process of law, law as per policy demolition order of the dated 28.06.2022 Corporation.
was passed thereby directing the noticee Mohd.
Farid & Ors. to demolish the said unauthorised Digitally Signed By:SANGEETA ANAND Signing Date:03.11.2022 11:23:04 construction within 06 days.
4. 2531-B Back As per record Letters have been Side, Gali unauthorised issued to the Badliyan, construction in the authorities Churiwalan, form of concerned for Delhi-06 deviations/excess disconnection of coverage at electricity and ground to third water supply in the floor against SPB property in No.10076536 question. Further dated 08.09.2020 action in the and unauthorised matter shall be construction of taken in due entire fourth floor course in and fifth floor was accordance with booked under law as per policy section 343 & 344 of the of the DMC Act Corporation.
vide file No.53/UC/87- N/B-II/CSPZ/2022 dated 02.04.2022 and after following the due process of law demolition order dated 28.06.2022 was passed thereby directing the noticee Mohd.
Rehan and Mohd.
Alam to demolish the said unauthorised construction within 06 days.
Digitally Signed By:SANGEETA ANAND Signing Date:03.11.2022 11:23:04
4. Learned Standing Counsel for MCD, on instructions, submits that in so far as property bearing No.2701 to 2703, Gali Badliyan Churiwalan, Delhi - 06 is concerned, the answering respondent shall take requisite action subject to the outcome of the proceedings pending before Appellate Tribunal, MCD. So far as the other three properties i.e., (i) 3869, Katra Bari, Churi Walan, Delhi-06, (ii) 2492, Sita Ram Bazar, Main Chowk, Sarak Prem Narayan, Delhi-06 and (iii) 2531-B Back Side, Gali Badliyan, Churi Walan, Delhi-06 are concerned, it is submitted that further demolition action would be carried out expeditiously in accordance with law. The statement made on behalf of MCD is taken on record.
5. Mr. Siddhartha Singh, learned counsel for Mohd. Farid and Mohd. Alam, submits that the answering respondents undertake not to carry out further construction in their respective properties, except in accordance with law. The statement made on behalf of Mohd. Farid and Mohd. Alam is taken on record and they are made bound by the same.
6. In view of the above undertaking of Mohd. Farid and Mohd. Alam as well as the Status Report, the present petition is disposed of, alongwith the pending application, with a direction to the official respondents to not only ensure that requisite action is taken expeditiously, preferably within a period of four months from today, but also that no further construction is carried out at the subject properties, unless in accordance with law.
MANOJ KUMAR OHRI, J NOVEMBER 2, 2022 na Digitally Signed By:SANGEETA ANAND Signing Date:03.11.2022 11:23:04