Delhi High Court - Orders
Furqan Khan vs North Delhi Municipal Corporation Of ... on 22 September, 2022
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~177
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2545/2022 and CM APPL. 7282/2022
FURQAN KHAN ..... Petitioner
Through: None
versus
NORTH DELHI MUNICIPAL CORPORATION OF DELHI AND
ORS. ..... Respondents
Through: Mr. Anand Prakash, Standing Counsel
for MCD
Mr. Sanjay Katyal, Standing Counsel for
DDA/respondent No.2
Mr. Praveen Kumar, Advocate for respondent
No.4
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 22.09.2022
1. Present none for the petitioner.
2. Learned Standing Counsel for MCD has handed over a copy of the Status Report which is taken on record. The contents of the same are reproduced hereunder:-
"4. That it is respectfully submitted that as per record, the property bearing no.11070/2, Ram Kumar Marg, Jhandewalan Road, Delhi-110006 was inspected by the field officials on 09.09.2021. During the said inspection it was noticed that unauthorised construction in the shape of walls of columns at ground floor has been raised and as such the same was booked under section 343 & 344 of the DMC Act vide file no.11/89- Digitally Signed By:SANGEETA ANAND Signing Date:28.09.2022 13:18:27 N/UC/EE(B)-I/CSPZ/2021 dated 09.09.2021 and a show cause notice dated 09.09.2021 was issued to Subhash/Owner/Builder to show cause as to why demolition order in respect of aforesaid unauthorised construction be not issued. It is submitted that after following the due process of law, the competent authority passed the demolition order dated 22.11.2021 thereby directing Sh. Subhash to demolish the aforesaid unauthorised construction in the property in question within 06 days. A copy of show cause notice dated 09.09.2021 and demolition order dated 22.11.2021 are annexed herewith as Annexure-A & B respectively.
5. That it is respectfully submitted that as per record a sanctioned building plan vide I.D. No. 10094758 dated 14.12.2021 was obtained under simplified procedure through online for raising the construction in the property bearing no. 11070/2, Motia Khan near Peepal Wali Gali, Jhandewalan, Sadar Bazar, Delhi-110006. It is submitted that upon noticing unauthorised construction in the property in question in the shape of deviation/excess coverage against plan sanctioned vide I.D. No. 10094758 dated 14.12.2021, demolition action was taken at ongoing stage on 01.02.2022 wherein non- compoundable deviations at stilt floor in the nature of excess coverage was demolished. Photographs showing demolition action on 01.02.2022 are annexed herewith as Annexure -C (Colly). A copy of sanction letter dated 14.12.2021 is annexed herewith as Annexure -D.
6. That it is respectfully submitted that in the meantime the answering respondent received letter dated 11.04.2022 from DDA regarding unauthorised construction in property in question and questioning sanctioning of building plan without obtaining NOC from land owning agency. It is submitted that the answering respondent immediately referred the matter to legal cell of City SP Zone for examining ownership documents uploaded by the applicant for obtaining the sanctioned building plan vide I.D. No. 10094758 dated 14.12.2021. It is submitted that after receiving the comments from legal cell, the answering Digitally Signed By:SANGEETA ANAND Signing Date:28.09.2022 13:18:27 respondent has initiated proceedings under section 338 of the DMC Act for revocation of sanctioned plan obtained vide I.D. No. 10094758 dated 14.12.2021. The action regarding revocation of the sanctioned plan is under way and further action in mater shall be taken after conclusion of proceedings initiated under section 338 of the DMC Act.
7. That it is respectfully submitted that as the unauthorised construction in the property in question is also in violation of sanctioned building plan vide I.D. No. 10094758 dated 14.12.2021 therefore in continuation of earlier booking, unauthorised construction in the shape of deviation/excess coverage by raising height of stilt floor has also been booked under section 343 & 344 of the DMC Act vide file no.194/89-
N/UC/EE(B)-I/CSPZ/2022 dated 16.09.2022 and a show cause notice dated 16.09.2022 has been issued to Mohammad Hanif/Owner/Builder to show cause as to why demolition order in respect of aforesaid unauthorised construction be not issued. It is submitted that further action in the matter shall be taken after conclusion of demolition proceedings. A copy of the show cause notice dated 16.09.2022 is annexed herewith as Annexure-E."
3. Learned Standing Counsel for MCD submits that the proceedings under Section 338 of the DMC Act are still pending before the answering respondent.
4. Learned counsel for respondent No.4 appears and, on instructions, submits that the answering respondent undertakes not to carry out any further construction at the subject property unless in accordance with law. The statement made on behalf of respondent No.4 is taken on record and he is made bound by the same.
5. Accordingly, the present petition is disposed of alongwith the pending application with a direction to respondent No.1 to conclude the proceedings Digitally Signed By:SANGEETA ANAND Signing Date:28.09.2022 13:18:27 expeditiously preferably within a period of three months from today.
6. Needless to state that respondent No.4 shall be at liberty to seek appropriate remedy in accordance with law.
MANOJ KUMAR OHRI, J SEPTEMBER 22, 2022 na Digitally Signed By:SANGEETA ANAND Signing Date:28.09.2022 13:18:27