Delhi High Court - Orders
Ashok Kumar Sharma vs The State (Govt. Of Nct Of Delhi) And Ors on 18 May, 2023
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11587/2022
ASHOK KUMAR SHARMA ..... Petitioner
Through: Mr.Anubhav Dubey, Advocate
versus
THE STATE (GOVT. OF NCT OF DELHI)
AND ORS. ..... Respondents
Through: Mr.G.S.Oberoi, Standing Counsel
with Mr.Ankur Sharma, Advocate for
MCD.
Mr.Santosh Kr.Tripathi, Standing
Counsel (Civil), GNCTD with
Mr.Arun Panwar and Ms.Mahak
Rankawat, Mr.Kartik Sharma,
Mr.Pradyumn Rao and Mr.Utkarsh
Singh, Advocates
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 18.05.2023
1. Mr.G.S.Oberoi, learned Standing Counsel, MCD submits that a Status Report has been filed however, the same is not on record. A copy of the same has been handed over in Court, which is taken on record. Relevant excerpts of the same read as under:
"3. That it is respectfully submitted that sealing proceedings under section 345-A of the DMC Act against the unauthorized construction at fourth floor against impugned unauthorized construction at fourth floor against impugned i.e. property no.988, Kucha Natwa, Chandni Chowk, Delhi-06, were also initiated and after following the due process of law sealing orders dated 15.02.2023 were passed thereby directing sealing of unauthorized construction in the shape of entire 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 24/09/2023 at 13:57:01 fourth floor. It is submitted that in execution of said sealing order dated 15.02.2023, the fourth floor has been sealed on 01.03.2023 in the presence of police force at two points viz staircase and lift at fourth floor. Photographs showing sealing action on 01.03.2023 is annexed herewith as Annexure-A.
4. That it is respectfully submitted that in compliance of order dated 31.01.2023, field officials were present during the inspection on 15.02.2023 in the execution of Commission appointed by this Hon'ble Court. It is submitted that full possible assistance was provided to the Local Commissioner by the field officials of the answering respondent. It is further submitted that MCD has also initiated action against the unauthorized construction of connection between property no.983 & 988, Kucha Natwa, above gali at first floor and the unauthorized construction of connection between property no.990 & 988, Kucha Natwa, above gali at second floor under section 343 & 344 of the DMC Act and demolition order has been passed after following the due process of law vide no.38/UC/74/B-II/CSPZ/2023 dated 01.03.2023 by the competent authority directing the noticee to demolish the said unauthorized construction within 06 days. A copy of demolition order dated 01.03.2023 is annexed herewith as Annexure- B. It is submitted that apart from the above, letter dated 12.05.2023 has been issued to the authorities concerned for disconnection of electricity and water supply in the property in question. A copy of said letter dated 12.05.2023 is annexed herewith as Annexure-C.
5. That it is respectfully submitted that apart from the above, High Court Sealing proceedings under section 345-A of the DMC Act were also initiated against the property in question and a cause notice no.DC/EE(B)- II/CSPZ/S.C.N./2023/D-367 dated 16.05.2023 has been issued by the Competent Authority. It is submitted that further action in the matter shall be taken after following the due process of law as per DMC Act. A copy of said sealing show cause notice dated 16.05.2023 is annexed herewith as Annexure-D."
2. Learned Standing Counsel, on instructions, submits that requisite action would be taken against the subject property expeditiously and in 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 24/09/2023 at 13:57:01 accordance with law.
3. A Report from the Local Commissioner has also been placed on record wherein it is stated that property No.988 is connected with the properties No.983 and 990 with sky bridges at the 1st and the 2nd floor.
4. In view of the above, the present petition is disposed of with a direction that respondent No.1/MCD would take requisite action against the subject property expeditiously preferably within 4 months from today.
5. The concerned A.E. (Building), MCD shall ensure that the requisite action is taken in entirety at the subject property.
6. Needless to state, that the owner/occupier of the subject property shall also be at liberty to seek remedy as may be available under law. Pending application, if any, stands disposed of as infructuous.
MANOJ KUMAR OHRI, J MAY 18, 2023/v 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 24/09/2023 at 13:57:01