Delhi High Court - Orders
Rashiduddin Malik vs Municipal Corporation Of Delhi Through ... on 11 September, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 16968/2022 & CM APPL. 53768/2022 (for directions)
RASHIDUDDIN MALIK ..... Petitioner
Through: Ms. Kanika Chauhan, Mr. Md.
Harish Usmani, Advocates.
versus
MUNICIPAL CORPORATION OF DELHI THROUGH ITS
COMMISSIONER & ORS. ..... Respondents
Through: Mr. Vikran N. Goyal, Advocate for
MCD.
Mr. Kirti Uppal, Sr. Adv. with Mr.
Amanullah, Mr. Misbah Bin Tariq,
Mr. Azhar Ali, Mr. Chandan
Singh, Ms. Riya Gulati, Ms. S.
Alvi, Ms. Nishu Khan, Mr.
Shekhar, Mr. R. Tyagi, Advocates
for R-2 and 3.
Mr. Santosh Kr. Tripathil, SC with
Mr. Arun Panwar, Mr. Pradyumn
Rao, Mr. Utkarsh Singh, Mr.
Kartik Sharma, Ms. Prashansa
Sharma, Mr. Rishabh Srivastava,
Advocates with for GNCTD with
Mr. Anil Kumar, SI.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 11.09.2023
1. The petitioner has filed this petition under Article 226 of the Constitution seeking directions upon the Municipal Corporation of Delhi W.P.(C) 16968/2022 Page 1 of 3 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 18:02:36 ["MCD"] to stop and demolish alleged unauthorised construction carried out by respondent Nos. 2 and 3 in property No. 23, Opposite AB Apartment, Khasra No. 378/172, Gali No. 1, Johari Farm, Okhla, New Delhi - 110025 ["subject property"].
2. Mr. Kirti Uppal, learned Senior Counsel for respondent Nos. 2 and 3, submits that the petitioner had earlier filed a civil suit (CS No. 36876/2014) before the Court of Senior Civil Judge Saket Courts, New Delhi for similar relief, and also made an application for an injunction in the said suit. He states that respondent Nos. 2 and 3 had moved an application under Order VII Rule 11 of Code of Civil Procedure, 1908 in the said suit, after which the petitioner herein withdrew the suit.
3. Mr. Uppal submits that the present petition is vitiated by suppression of material facts inasmuch as the filing of the aforesaid suit has not been mentioned at all. A copy of the plaint has been handed over in Court and is taken on record.
4. Respondent Nos. 2 and 3 are directed to file the complete suit record within two weeks from today. The petitioner may file an affidavit in response thereto, within two weeks thereafter. The petitioner is also directed to remain personally present in Court on the next date of hearing.
5. In the status report dated 05.04.2023 filed by the MCD, it is stated that demolition orders in respect of the subject property were passed on 14.11.2011 and 21.11.2012, and a further show cause notice has been issued to the owners/occupants on 05.04.2023. Mr. Vikrant N. Goyal, learned Standing Counsel for the MCD, is directed to forward a copy of the show cause notice to Mr. Amanullah, learned counsel on record for respondent Nos. 2 and 3, within three days from today. MCD may W.P.(C) 16968/2022 Page 2 of 3 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 18:02:36 proceed thereafter in accordance with law.
6. List on 23.11.2023.
PRATEEK JALAN, J SEPTEMBER 11, 2023 "Bhupi"/ W.P.(C) 16968/2022 Page 3 of 3 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 18:02:36