Delhi High Court - Orders
Rubenson vs South Delhi Municipal Corporation ... on 2 November, 2022
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~126
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5518/2019
RUBENSON ..... Petitioner
Through: None.
versus
SOUTH DELHI MUNICIPAL CORPORATION THROUGH ITS
COMMISSIONER. AND ORS. ..... Respondents
Through: Mr. Sri Harsha Peechara, Standing
Counsel with Mr. Diptiman Acharya,
Advocate for respondent No.1.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 02.11.2022
1. Present none for the petitioner.
2. It is noted that the petitioner has remained un-represented even on the last two dates of hearing.
3. A perusal of the petition would show that the petitioner has prayed for directions against the illegal and unauthorised construction stated to be carried out at property bearing No. WZ-354/C-3, Gali No. 17B, Sadh Nagar 2, Palam Colony, South West, Delhi - 110045, hereinafter referred to as the 'subject property'.
4. A Status Report has also been placed on record which reads as under
:-
"2. That as per record available in Building Deptt., Najafgarh Zone, it is submitted that the unauthorized construction at suit Digitally Signed By:SANGEETA ANAND Signing Date:03.11.2022 16:41:29 property bearing No.WZ-354/C-3, Gali No.17-B, Sadh Nagar, Palam Colony, New Delhi-45 stands booked in two portions addressed as "Prop. in front of E-104, Gali No.17-B, Sadh Nagar" and "Prop. in front of E-106-A, Gali No.17-B, Sadh Nagar" vide U.C. File No.99/B/UC/NG/19 dt. 8/2/2/19 and U.C. File No.I00/B/UC/NG/I9 dt. 8/2/2019 respectively and accordingly show cause notices were issued and served, upon the Owner/Builder. Accordingly, the work stop notice under section 344(2) of the DMC Act was sent to SHO Palam on 30/4/2019 vide No. EE(B)NGZ/19/D-95.
3) That further during the inspection, it has been noticed that the impugned property has been divided into three parts by the concerned Owners/Builders and accordingly the unauthorized construction at property under question has been booked in three portions, addressed as under:-
(i) P. No. WZ-354/C-3/A (in front of E-106-A), Gali No. 17-
B, Sadh Nagar- In continuation of previous booking No.100 dt. 8/2/19 booked further unauthorized construction in the shape of FF, SF, 3rd floor, under section 344(1) and 343 of the DMC Act, vide U.C. File No.301/B/UC/NG/19 dated 22/5/2019 and demolition order was passed on 20/6/2019.
The work stop notice under section 344(2) of the DMC Act was sent to SHO Palam, vide letter No.EE(B)NGZ/19/D- 365 dt. 27/5/2019. Further, the letters for disconnection of water and electricity supply by D.J.B. and B.S.E.S. Authorities for said property, has also been sent by the Deptt. Vide No. EE(B)NGZ/19/D-402 dt. 11/9/2019.
The sealing action under section 345-A of the DMC Act has also been initiated by the Deptt., vide Sealing File No.EE(B)/NGZ/19/ UC/SCN/D-145 dt. 14/6/2019 and sealing order has been passed on 28/8/2019.
Further on 28/5/2019 one RCC roof panel at first floor has been demolished partly by the staff of Building Deptt., Digitally Signed By:SANGEETA ANAND Signing Date:03.11.2022 16:41:29 Najafgarh Zone with the help of gas cutter in the presence of local police force. Accordingly, letter for keeping strict vigil was also sent to SHO, PS Palam, vide No.EE(B)NGZ/19/D-142 dt. 30/5/2019.
Furthermore, three panels at third floor of the said property has been demolished partly on 31/10/2019 with the help of local police force and four flats at second floor have also been sealed on the same date under section 345-A of the DMC Act vide Sealing File No.EE(B)/NGZ/19/ UC/SCN/D-145 dt. 14/6/2019. The action against remaining portion could not be executed as the same was found residentially occupied. Accordingly, after taking demolition/sealing action, a letter bearing No. EE(B)NGZ/19/D-977 dt. 31/10/2019 for keeping strict vigil at the impugned property has been sent to SHO, PS Palam.
The photocopies of above said work stop notice dated 27/5/2019, photocopy of water/ electricity disconnection letters dt. 11/9/2019 and copy of strict vigil letters dt. 30/5/2019 and dt. 31/10/2019 are annexed herewith along with photographs of action dt. 31/10/2019 and marked as Annexure-A (collectively).
(ii) P.No.WZ-354/C-3/B (in front of E-104), Gali No.17-B, Sadh Naqar - In continuation of previous booking No.99 dt. 8/2/19 booked further unauthorized construction in the shape of FF, SF, 3rd floor, under section 344(1) and 343 of the DMC Act, vide U.C. File No.302/B/UC/NG/19 dated 22/5/2019 and demolition order has been passed on 20/6/2019.
The work stop notice under section 344(2) of the DMC Act was sent to SHO concerned, vide letter No.EE(B)NGZ/19/D-365 dt. 27/5/2019. Further, the letters for disconnection of water and electricity supply by D.J.B. and B.S.E.S. Authorities for said property, has also been sent by the Deptt. vide No.EE(B)NGZ/19/D-402 dt. 11/9/2019.
The sealing action under section 345-A of the DMC Act Digitally Signed By:SANGEETA ANAND Signing Date:03.11.2022 16:41:29 has also been initiated by the Deptt., vide Sealing File No.EE(B)/NGZ/19/UC/ SCN/D-146 dt. 14/6/2019 and sealing order has been passed on 28/8/2019.
Further, on 28/5/2019 one RCC roof panel at 3rd floor has been demolished partly by the staff of Building Deptt., Najafgarh Zone in the presence of local police staff. Accordingly, letter for keeping strict vigil was also sent to SHO, PS Palam, vide No.EE(B)NGZ/19/D-142 dt. 30/5/2019.
Furthermore, two flats at, third floor and one flat at second floor of the said property have been sealed under section 345-A of the DM0 Act, with the help of local police force on 31/10/2019, vide Sealing File No.EE(B)/NGZ/19/UC/SCN/D- 146 dt. 14/6/2019. The action against remaining portion could not be executed as the same was found occupied. Accordingly, after taking sealing action, a letter bearing No. EE(B)NGZ/1 9/D-978 dt. 31/10/2019 has been sent to SHO, PS Palam for keeping strict vigil at the impugned property.
The photocopies of above said work stop notice dt, 27/5/2019, photocopy of water/ electricity disconnection letters dt. 11/9/2019 and copy of strict vigil letters dt. 30/5/2019 and dt. 31/10/2019 are annexed herewith along with photographs of action dt. 31/10/2019 and marked as Annexure-B (collectively).
(iii) P.No.WZ-354/C-3/C (in front of E-103-A), Gali No.17- B, Sadh Naqar - The unauthorized construction in the shape of Stilt, GF, FF and raising of columns & walls for SF has been booked under section 344(1) and 343 of the DMC Act, vide U.C. File No.303/B/UC/NG/19 dated 22/5/2019 and demolition order has been passed on 20/6/2019.
The work stop notice under section 344(2) of the DMC Act was sent to SHO concerned, vide letter No.EE(B)NGZ/19/D-365 dt. 27/5/2019. Further, the letters for disconnection of water and electricity supply by D.J.B. and B.S. E.S. Authorities for said property, has also been sent by the Deptt. vide No. EE(B)NGZ/19/D-402 dt. 11/9/2019.
Digitally Signed By:SANGEETA ANAND Signing Date:03.11.2022 16:41:29 The sealing action under section 345-A of the DMC Act has also been initiated by the Deptt., vide Sealing File No. EE(B)/NGZ/19/UC/SCN/D-147 dt. 14/6/2019 and sealing order has been passed on 28/8/2019.
Further, on 28/5/2019, one RCC roof panel at first floor has been demolished partly with the help of gas cutter in the presence of local police staff. Accordingly, letter for keeping strict vigil was also sent to SHO, PS Palam, vide No.EE(B)NGZ/19/D-142 dt. 30/5/2019.
The photocopies of above said work stop notice dt. 27/5/2019, photocopy of water/ electricity disconnection letters dt. 11/9/2019 and copy of strict vigil letters dt. 30/5/2019 and dt. 31/10/2019 are annexed herewith along with photographs of action dt. 31/10/2019 and marked as Annexure-C (collectively).
Furthermore, two panels at third floor of the said property has been demolished on 31/10/2019 with the help of local police force and one flat at third floor has also been sealed on the same date vide Sealing File No.EE(B)/NGZ/19/ UC/SCN/D-147 dt. 14/6/2019. Accordingly, after taking demolition/sealing action, a letter for keeping strict vigil at the impugned property has been sent to SHO, PS Palam."
5. Learned counsel for the respondent No.1, on instructions, submits that after filing of the aforesaid Status Report no fresh construction has come to the notice of the respondent no.1.
6. Keeping in view the Status Report, as well as the above-mentioned submission, the present petition is disposed of with the directions to respondent No.1/Corporation that in case any further action is required to be taken, the same be taken expeditiously and in accordance with law.
7. The respondent No.1 is also directed to ensure that no further Digitally Signed By:SANGEETA ANAND Signing Date:03.11.2022 16:41:29 construction is carried out at the subject property except in accordance with law.
MANOJ KUMAR OHRI, J NOVEMBER 2, 2022 ga Digitally Signed By:SANGEETA ANAND Signing Date:03.11.2022 16:41:29