Delhi High Court - Orders
Egmaaz vs Deputy Commissioner, Sdmc & Ors on 2 August, 2022
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~26 & 8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15166/2021, CM APPL. 47785/2021
EGMAAZ ..... Petitioner
Through: Mr. Butul Khan, Advocate.
versus
DEPUTY COMMISSIONER, SDMC & ORS. ...... Respondents
Through: Mr. Gaganmeet Singh Sachdeva,
ASC for respondent No.1.
Ms. Hrishika Jain, Advocate for Mr.
Shadan Farasat, ASC for GNCTD/
respondent Nos. 2, 3 and 6 with SI
Shajid Hussain, P.S. Malviya Nagar.
Mr. Satya Ranjan Swain, Sr. Panel
Counsel with Mr. Kautilya Birat,
Advocate for respondent No.5.
AND
W.P.(C) 174/2022, CM APPL. 466/2022
NOOR JAHAN ..... Petitioner
Through: Mr. Butul Khan, Advocate.
versus
SOUTH DELHI MUNICIPAL CORPORATION &
ORS. ..... Respondents
Through: Mr. Gaganmeet Singh Sachdeva,
ASC for respondent No.1.
Mr. Shadan Farasat, ASC with Ms.
Hafsa, Advocate for GNCTD/
respondent Nos. 2 and 3.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 02.08.2022
1. By way of the captioned petitions filed under Article 226 of the Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:04.08.2022 11:09:04 Constitution of India, the petitioners, who claim themselves to be owners of property bearing No. 134-A, Khasra No. 64, Begumpur Park, Harijan Colony, Malviya Nagar, New Delhi - 110017 have sought directions to respondent No. 1 to initiate action with respect to unauthorised construction as well as encroachment stated to be carried out at property bearing No. 134A, land measuring 70 sq. yards (total land measuring 370 sq. yards) out of Khasra No. 64, Begumpur Park, Harijan Colony, Malviya Nagar, New Delhi -1100 17 (hereinafter, referred to as the 'subject property').
2. Mr. Gaganmeet Singh Sachdeva, learned ASC for respondent No. 1 submits that a Status Report by way of an affidavit has been placed on record. As per the Status Report, an inspection was carried out and unauthorised construction in the shape of raising of column and laying of shuttering was booked on 28.10.2021, whereafter further unauthorised construction in the shape of ground floor was booked on 29.11.2021. It is stated that demolition orders' were also passed on 05.11.2021 and 08.12.2021 respectively. It further stated that requisite intimation for disconnection of electricity/water supply has been sent to the concerned authorities as well as to the concerned Sub-Registrar vide letters dated 09.12.2021. Besides above, prosecution under Section 466-A of the DMC Act has also been initiated against the owner/occupier of the subject property.
Subsequent thereto, demolition action was taken on 24.11.2021 and 29.12.2021, wherein nine panels have been demolished and four points have been sealed (two points sealed at two staircase leading to basement, one point sealed at entrance from front side and one point sealed at entrance from left hand side of under construction building) respectively. It is further Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:04.08.2022 11:09:04 stated that during routine inspection on 10.01.2022, seal affixed on 29.12.2021 was found to be tampered and a complaint dated 25.01.2022 for lodging of a FIR under Sections 448/188 IPC read with Section 461 of the DMC Act has been forwarded to the Deputy Commissioner of Police, South District, Hauz Khas, New Delhi. Again on 09.02.2022, demolition action was taken wherein five RCC roof panels of ground floor and its partition/brick wall have been demolished and thereafter subject property was sealed at seven points (three points of front side, one at backside lane and three points at staircase) on the ground floor.
3. In view of the above, no further orders are required to passed in the present petitions and the same are disposed of accordingly. Miscellaneous applications are disposed of as infructuous.
4. Needless to state, that respondent Nos. 1, 2, 3 and 6 in W.P.(C) 15166/2021 shall ensure that no further construction, unless in accordance with law, is carried out at the subject property.
MANOJ KUMAR OHRI, J AUGUST 2, 2022 ga Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:04.08.2022 11:09:04