Delhi High Court - Orders
Rajesh Marwaha vs Delhi Development Authority & Ors on 9 May, 2023
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14904/2022 and CM APPL. 45792/2022 (Interim Relief)
RAJESH MARWAHA ..... Petitioner
Through:
versus
DELHI DEVELOPMENT AUTHORITY & ORS. ..... Respondents
Through: Ms. Sapna Chauhan, Advocate for DDA
Mr. H.S. Hans, Advocate for MCD
Mr. Rajiv Srivastav, Mr. Anubhav Sharma and
Mr. Mohit O. Ram, Advocates for respondents
No.4 and 5
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 09.05.2023
1. By way of the present petition filed under Article 226 of the Constitution of India, the petitioner has sought directions to respondents No.1 to 3 to take action against the illegal and unauthorised construction statedly carried out by respondents No.4 to 5 at property bearing Flat No.17D, First Floor and Second Floor, Block - N, Saket, New Delhi - 110017 (hereinafter referred as to as the 'subject property').
2. The Status Report has been placed on record which reads as under:-
"3. That so as to ascertain the status of the subject property i.e. bearing Flat No. 17-D, First and Second floor, Block-N, Saket, New Delhi, the same has been got inspected through area field staff of Building Department-II of South Zone / answering Respondent / MCD as well as referred to the record available in this regard.
On inspection and referring to the record, the status of Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:15.05.2023 17:38:24 the action initiated / taken by the department in respect of subject property is detailed herein below:-
i) As per record, the subject property / flat is stands booked vide U/c file No. 595/UC/B-II/SZ/2022 dated 18/10/2022 in the shape of Deviations against Sanction Plan / Standard Plan in the shape of raising of walls and columns at Terrace of roof, projections by M/S sheets and M/S angles, for taking the necessary demolition action u/s 343/344 of DMC Act. Upon following the due process of law, the necessary demolition order / notice also stands passed / issued by the Competent Authority i.e. AE (Bldg)-II of South Zone / MCD vide dated 28/11/2022. The copy of the demolition order / notice is annexed herewith as Annexure-A.
ii) Furthermore, a letter dated 19/10/2022 u/s 344 (2) of the DMC Act, has also been sent to SHO, PS. Saket, New Delhi with the request that the unauthorized construction be stopped and workmen present at site / property in question be removed and construction material including the tools, machinery, etc. be seized. Copy of the letter as sent in this regard is annexed as Annexure-B.
4. That it is also pointed out here that pursuant to aforesaid demolition order already passed in respect of the subject property, the Building Department-II of South Zone /MCD has taken / carried out the necessary demolition action as per details given herein below:-
S.No. Date of Action Action taken
1. 05/01/2023 Action could not be
taken due to
shortage of time
since the action was
taken on another
property.
2. 15/03/2023 Upon availability of
police force, 0 1
Digitally Signed
By:NIJAMUDDEEN ANSARI
Signing Date:15.05.2023
17:38:24
RCC panel has been
cut- down at roof of
Second floor and
shuttering also
removed. Whereas
Iron angles have
been removed by the
owner himself.
The photographs taken during the aforesaid demolition action are also annexed herewith as Annexure-C ( Colly).
5. That simultaneously, after taking the aforementioned demolition action, a letter dated 15/03/2023 has also been sent to SHO concerned PS Saket, New Delhi with the request to direct the patrolling staff to keep strict watch and ward over the subject property so that the demolished portion may not be re- stored / repaired. Copy of the letter as sent in this regard is also annexed herewith as Annexure-D.
6. That the department has now fixed the further demolition action against the subject property for 12/04/2023 which will be taken / carried out, upon availability of police force."
3. Learned counsel for MCD, on instructions, submits that the requisite action could not be taken on 12.04.2023 however, the same would be taken expeditiously and in accordance with law.
4. Learned counsel for respondents No.4 and 5 submits that the answering respondents undertake not to carry out any further construction which is not in accordance with law. The undertaking given by respondents No.4 and 5 is accepted and taken on record and they are made bound by the same.
Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:15.05.2023 17:38:24
5. In view of the above, the present petition is disposed of alongwith the pending application with a direction that needful action be taken expeditiously preferably within a period of two months from today after duly serving the owner/occupier of the subject property.
6. The concerned A.E. (Building) shall ensure that the requisite action is taken in entirety in a time bound manner.
7. Needless to state that the owner/occupier of the subject property shall be at liberty to seek remedy as may be available under law.
8. Let a copy of this order be placed before the Dy. Commissioner, MCD concerned Zone for necessary compliance.
MANOJ KUMAR OHRI, J MAY 9, 2023 na Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:15.05.2023 17:38:24