Delhi High Court - Orders
Pushpanjali Farm Owners And Residents ... vs Municipal Corporation Of Delhi & Ors on 15 September, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7237/2023 & CM APPL. 28205/2023
PUSHPANJALI FARM OWNERS
AND RESIDENTS ASSOCIATION ..... Petitioner
Through: Mr. Harsh Prabhakar, Ms. Smiti
Verma, Mr. Vinayak Chitale and
Ms. Beleena Biju, Advocates.
versus
MUNICIPAL CORPORATION
OF DELHI & ORS. ..... Respondents
Through: Mr. Santosh Kumar Tripathi, SC
with Mr. Arun Panwar, Ms.
Prashansa Sharma and Mr.
Rishabh Srivastava, Advocates.
Mr. Pankaj Vivek, Mr. Naveen
Malik and Mr. Randeep,
Advocates for R-4 and 5.
Mr. Vikas Chopra, SC for MCD.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 15.09.2023
1. The petitioner has filed this petition under Article 226 of the Constitution of India complaining of alleged unauthorised construction in Khasra No. 6/11/2 (Farm No. E-11), Pushpanjali Farms, Bijwasan, New Delhi - 110061.
2. In a status report filed on behalf of Municipal Corporation of Delhi ["MCD"] on 11.07.2023, it has been stated that the property is an unauthorised construction in respect of which a stop-work notice was W.P.(C) 7237/2023 Page 1 of 2 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 16/09/2023 at 19:38:08 issued and partial demolition action was taken on 21.06.2023. Mr. Vikas Chopra, learned counsel for MCD, states that further action will be taken expeditiously in accordance with law.
3. Mr. Pankaj Vivek, learned counsel for respondent Nos. 4 and 5 who claim to be the owners and occupants of the premises, submits that they have made an application for regularisation of the property, which is pending consideration before the MCD. The application has been made only yesterday i.e. 14.09.2023. Mr. Chopra sates that the regularisation application will be considered and disposed of in accordance with law, preferably within four weeks, and in any event within six weeks, from today. MCD is free to take further action, in this regard, in accordance with law.
4. In view of the aforesaid submissions of the parties, no further orders are required in this writ petition, which stands disposed of.
5. It is made clear that the rights, contentions and remedies available to all parties stand expressly reserved.
6. The petition, alongwith pending application, stands disposed of.
PRATEEK JALAN, J SEPTEMBER 15, 2023 SS/ W.P.(C) 7237/2023 Page 2 of 2 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 16/09/2023 at 19:38:08