Delhi High Court - Orders
Rajesh Kumar Sonkar vs Municipal Corporation Of Delhi & Ors on 19 May, 2023
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 695/2023 & CM. APPL. 2713/2023
RAJESH KUMAR SONKAR ..... Petitioner
Through: Ms.Manpreet Kaur and Mr.Aishwarya
Singh, Advocates
versus
MUNICIPAL CORPORATION OF
DELHI & ORS. ..... Respondents
Through: Mr.G.S.Oberoi, Standing Counsel,
MCD.
Mr.Gyanendra Agrawal, Advocate for
respondent No.2.
Ms.Sweety Singh, Advocate for
respondent No.3.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 19.05.2023
1. Mr.G.S.Oberoi, learned Standing Counsel, MCD submits that a Status Report has been filed, however, the same is not on record. He has handed over a copy of the same in Court, which is taken on record. Relevant excerpts of the same read as under:
"3. That, with regard to subject property, as per record, it is submitted that the Owner/ Builder of the property has got the building plan in respect of subject property sanctioned under SARAL SCHEME from Shri Virender Kumar Sharma, Engineer (E/00749 & E/0688) vide ID No. 10110833 dated 17.01.2023. Further, it is also submitted that as per clause 3.1.1.2 of Unified Building Bye-Laws-2016, Architects/ Engineers (as per entitlement) are empowered to grant sanction of building plan for residential building on plots up to 105 Square Meters in size after submitting the plan along with requisite documents and fees to the sanctioning authority. Under Saral Scheme, 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 16:42:44 absolute reliance is made on the submissions of Owner(s) and his/her Architect regarding compliance of relevant provisions of Building Bye Laws- 2016/ Master Plan/ Zonal Plan in the submitted proposal. Therefore, Owner. Architect and Structural Engineer are to remain responsible for any shortcoming or misrepresentation or non- compliance of applicable provision of UBBLs-2016/ Master Plan- 2021 in submitted proposal.
4. That, on 16.01.2023, it was noticed by the concerned field staff that the Owner/ Builder of the property has carried unauthorised construction in the shape of deviations/ excess coverage at Stilt floor against SBP No. 10010833. Accordingly, proceedings u/s 343/344 of the DMC Act was initiated against subject property vide U/e file No. 33/B/UC/EE(B)-I/CNZ/2023 dated 16.01.2023 and after following due process of law, demolition order also stand passed on
02.02.2023. Copy of demolition order dated 02.02.2023 is annexed herewith as Annexure: A.
5. That, further on 08.02.2023, it was noticed by the concerned field staff that in-spite of aforesaid actions. Owner/ Builder of the property has carried further unauthorized construction in the shape of deviation/ excess coverage at Ground Floor and First Floor, accordingly, same was also booked u/s 343/344 of the DMC Act vide U/e file No. 66/B/UC/EE(B)- I/CNZ/2023 dated 08.02.2023 and after following due process of law demolition order also stand passed on 20.02.2023. Copy of demolition order passed on 20.02.2023 is annexed herewith as Annexure: B.
6. That, pursuant to demolition order passed on 02.02.2023, demolition action against this property was taken on 13.02.2023, during the action, one RCC panel at shaft portion of stilt floor was demolished and reinforcement was cut with the help of gas cutter. Further, projections on Municipal Land was also demolished and reinforcement was also cut. Photographs showing the demolition action taken by the department are annexed herewith as Annexure: C.
7. That, sealing proceedings u/s 345-A of the DMC Act had also been initiated against this property and sealing order also stand 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 16:42:44 passed by the competent authority vide order bearing No. 12520/B/Seal/2023 dated 13.03.2023. Copy of sealing order dated 13.03.2023 is annexed herewith as Annexure: D.
8. That, later on Shri Virender Kumar Sharma, concerned Engineer (E/00749 & E/0688) vide undated letter received in this office vide Diary No. AE(Plan)/139 dated 13.03.2023 informed about his withdrawal from supervision of construction due to some personal reasons. Pursuant to which, the case was scrutinized by the concerned officer, which revealed misrepresentation on the part of Engineers and Owners certain issues. Accordingly, a Show Cause Notice u/s 338 of the DMC Act, 1957 bearing No. D/39/DC/EE(B)-I/CNZ/2023 dated 13.04.2023 was issued in the name of Shri Noel Mcpereiara, Mr. Alan H Pereira & Mr. Dennis P. Pereira, Owner of the Property and Shri Virender Kumar Sharma, Engineer (E/00749 & E/0688) with the directions to show cause within 07 days, as to why building plan sanctioned vide ID No. 10110833 dated 17.01.2023 be not revoked under section 338 of the DMC Act. 1957. Copy of Show Cause Notice u/s 338 of the DMC Act, 1957 dated 13.04.2023 for revocation of building plan is annexed herewith as Annexure: E.
9. That, as no reply of the show cause notice dated 13.04.2023 has been received either from the owners or from the concerned Engineer, accordingly, the case has been processed for issuance of order for revocation of Building Plan sanctioned in respect of subject property vide ID No. 10110833 dated 17.01.2023 and for debarring Shri Virender Kumar Sharma, concerned Engineer (E/00749 & E/0688) from all type of practices i.e. sanction of building plans, completion plans etc in Municipal Corporation of Delhi.
10. That, further action against this property shall be taken after revocation of building plan, as per law."
2. Learned Standing Counsel, MCD, on instructions, submits that consequent proceedings would be undertaken expeditiously and in accordance with law.
3. Learned counsel appearing for respondent No.2 submits that 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 16:42:45 construction was carried out in accordance with sanctioned plan. He, on instructions, further submits that the answering respondent undertakes not carry out any construction, which is not in accordance with law.
4. Considering the Status Report, the present petition is disposed of with a direction that the requisite action be taken in entirety and preferably within a period of three months from today. Pending application, if any, stands disposed of as infructuous.
MANOJ KUMAR OHRI, J MAY 19, 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 16:42:45