Delhi High Court - Orders
Vikas Saini vs South Delhi Municipal Corporation ... on 14 November, 2022
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~133
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12269/2021
VIKAS SAINI ..... Petitioner
Through: Ms.Yogita Sunaria, Advocate
versus
SOUTH DELHI MUNICIPAL
CORPORATION (SDMC) & ORS. ..... Respondents
Through: Mr.Ajay Digpaul Standing Counsel
with Mr.Kamal R Digpaul and
Ms.Swati Kwatra, Advocates for
respondent/SDMC (Through VC).
Mr.Santosh Kumar Tripathi, Standing
Counsel, GNCTD alongwith Arun
Panwar and Siddharth Krishna
Dwivedi, Advocates (Through VC)
for respondents No.2 and 4.
Mr.Yudhishter Sharma and
Mr.Vaibhav Sharma, Advocates for
respondent No.3.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 14.11.2022
1. By way of the present writ petition filed under Article 226 of the Constitution of India, the petitioner has sought directions to respondents No.1 and 2 to initiate action against the illegal and unauthorised construction stated to be carried out at property bearing Plot admeasuring 300 sq.yds. out of Khasra No.61/8 situated within the Revenue Estate of Village Palam Colony known as Puran Nagar, Palam Colony, New Delhi-110045 (hereinafter, referred to as the 'subject property').
Digitally Signed By:SANGEETA ANAND Signing Date:17.11.2022 13:11:16
2. Mr.Ajay Digpaul, learned Standing Counsel appearing for respondent No.1/Corporation submits that the Status Report has been filed, however, the same is not on record. A copy of the Status Report has been handed over in Court, and the same is taken on record. The relevant excerpt of the same reads as under:
"2. That as per record available with answering respondent/MCD (Building Deptt., Najafgarh Zone), it is submitted that the unauthorised construction in the shape of Stilt, Ground to third floor at Property out of Khasra No.61/8 (adj. To 804-A), Gali No.1, Puran Nagar, Old Mehrauli Road, Palam Village, New Delhi has been booked under section 344(1) and 343 of the DMC Act, vide U.C. File No.481/B/UC/NG/21 dated 21.10.2021. Simultaneously, the show cause notice was sent to Owner/Occupier/builder and after following the due process of DMC Act, the demolition order was passed on 18.11.2021. Copy of show cause notice dated 21.10.2021 is annexed herewith and marked as Annexure-A.
3. That the work stop notices under section 344(2) of the DMC Act were sent to SHO PS Palam, vide No.EE(B)NGZ/21/D-2/368 dt. 22.10.2021 and EE(B)NGZ/21/D-2/422 dated 17.11.2021. Copy of work shop notice is annexed herewith and marked as Annexure-B (Colly).
4. That the letter for disconnection of water and electricity supply for the said premises, were also sent by the Department to D.J.B. and B.S.E.S. Authorities, vide No.EE(B)NGZ/21/D- 3/88 dt. 10.12.2021 (copy annexed herewith as Annexure-C).
5. That furthermore, 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/21/UC/SCN/D-124 dated 25.11.2021 and sealing order passed on 03.01.2022. Copy of sealing order dated 03.01.2022 is annexed herewith as Annexure-D. Digitally Signed By:SANGEETA ANAND Signing Date:17.11.2022 13:11:16
6. That in addition to above, further it is submitted that demolition/sealing action against the unauthorised construction at impugned property were attempted by the answering department at numerous occasions i.e. 24.11.2021, 01.12.2021, 17.01.2022, 14.02.2022, 05.04.2022 and also on 25.04.2022, but due to non-availability of police force from P.S.Palam, the action could not be executed on none of the dates, despite letter for providing sufficient police force was sent to SHO concerned well in time, for every occasion. Copies of letters issued by concerned police station regarding non-availability of police force, are annexed herewith and marked as Annexure-E (Colly).
7. That besides above, demolition/sealing programme was again fixed by the Deptt. and as per fixed programme the demolition/sealing squad of Building Deptt., Najafgarh Zone was reached at P.S. Palam along with sufficient labours/tools & plants on 02.08.2022, but on 02.08.2022 also PS Palam could not provide the police force, therefore, action could not be materialised on the property under question.
8. That further action will be taken as per the provisions of DMC Act and as per Law and as per the availability of police force."
3. Learned Standing Counsel for respondent No.1/Corporation submits that presently demolition action could not be taken in view of the restriction imposed by the Government of NCT of Delhi with respect to the construction/ demolition. He submits that as soon as the restriction is lifted, requisite action would be taken expeditiously in accordance with law.
4. Accordingly, the present petition is disposed of with a direction that demolition action be taken expeditiously, preferably within three months from the date of lifting of the aforenoted restriction, in accordance with law.
Digitally Signed By:SANGEETA ANAND Signing Date:17.11.2022 13:11:16
5. Needless to state that respondent No.1/Corporation as well as SHO, P.S. Palam Village, New Delhi shall ensure that no further construction activity is carried out at the subject property except in accordance with law.
6. The SHO, Police Station, Palam Village, New Delhi is directed to ensure that as and when police assistance is sought by respondent No.1/Corporation, the same is duly provided.
MANOJ KUMAR OHRI, J NOVEMBER 14, 2022/v Digitally Signed By:SANGEETA ANAND Signing Date:17.11.2022 13:11:16