Delhi High Court - Orders
Adhchini Residents Welfare ... vs Municipal Corporation Of Delhi & Ors on 22 September, 2022
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~186
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13753/2022, CM. APPL. No.41972/2022
ADHCHINI RESIDENTS WELFARE
ASSOCIATION (REGD.) ..... Petitioner
Through: Mr. Shubham Gupta, Advocate
(Through V.C.)
versus
MUNICIPAL CORPORATION OF DELHI & ORS... Respondents
Through: Mr. Divya Chugh, Advocate for
respondent No.1.
Mr. Arun Panwar, Advocatge for
respondents No.2 and 3 with SI
Virendra Pal Singh, P.S. Malviya
Nagar.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 22.09.2022
1. By way of the present writ petition filed under Article 226 of the Constitution of India, the petitioner seeks directions to the respondents to take action against the encroachment and unuathorized construction at property bearing No. 251/200 Min, situated within Abadi Lal Dora of village Adhchini, Tehsil Hauz Khas, Near Aurobindo Main Road, New Delhi - 110017 (hereinafter, referred to as the 'subject property'). The petitioner has also sought directions to remove encroachment/demolish illegal and unauthorized strutures already constructed on the Government land.
2. Issue notice.
3. Mr. Divya Chugh, Advocate accepts notice on behalf of respondent No. 1/MCD and, on instructions, submits that the subject property was Digitally Signed By:SANGEETA ANAND Signing Date:23.09.2022 13:18:54 inspected and colomns were found to be raised however, no fresh construction was noticed. He submits that another site inspection would be carried out on the aspect of unuathorized construction as well as encroachment, as averred in the captioned petition. He seeks some time to file a Status Report, which shall be placed on record before the next date of hearing.
4. Mr. Arun Panwar, learned counsel accepts notice on behalf of respondent Nos. 2 and 3.
5. Mr. Shubham Gupta, learned counsel for the petitioner seeks one week time to file amended memo of parties impleading owner/occupant of the subject property.
6. On petitioner filing amended memo of parties and taking steps, notice be issued to the newly impleaded respondents by all permissible modes, returnable on 13.02.2023.
7. In the meantime, respondent Nos. 1 and 2 shall ensure that no construction activity is carried out at the subject property except in accordance with law.
MANOJ KUMAR OHRI, J SEPTEMBER 22, 2022/v Digitally Signed By:SANGEETA ANAND Signing Date:23.09.2022 13:18:54