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Sultana Shaheen vs Durga Shankar Mishra on 1 August, 2023

Bench: Sanjay Kishan Kaul, Sudhanshu Dhulia

     CP(Civil) 335/2021                             1



     ITEM NO.4                             COURT NO.2                 SECTION PIL-W

                                  S U P R E M E C O U R T O F      I N D I A
                                          RECORD OF PROCEEDINGS

     CONMT.PET.(C) No. 335/2021 in W.P.(C) No. 4677/1985

     SULTANA SHAHEEN                                                    Petitioner(s)

                                                   VERSUS

     DURGA SHANKAR MISHRA & ANR.                                        Respondent(s)

     (FOR ADMISSION and IA No.65382/2021-STAY APPLICATION and IA
     No.67894/2021-PERMISSION TO APPEAR AND ARGUE IN PERSON
     IA No. 67894/2021 - PERMISSION TO APPEAR AND ARGUE IN PERSON
     IA No. 65382/2021 - STAY APPLICATION)

     Date : 01-08-2023 This matter was called on for hearing today.


     CORAM :
                            HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
                            HON'BLE MR. JUSTICE SUDHANSHU DHULIA


     For Petitioner(s)                 Mr. Abhijit Banerjee, AOR

     For Respondent(s)                 Mr. Nitin Mishra, AOR
                                       Mr. Kailash Vasdev, Sr. Adv.
                                       Mr. Ishaan Sharma, Adv.

                                       Mr. Praveen Swarup, AOR
                                       Mr. Praveen Swarup, Adv.
                                       Ms. Payal Swarup, Adv.
                                       Ms. Pratishta Mazumdar, Adv.
                                       Mr. Devesh Maurya, Adv.
                                       Mr. Shashank Singh, Adv.
                                       Ms. Ranjeet Rai, Adv.
                                       Mrs. Archana Sharma, Adv.

                         UPON hearing the counsel the Court made the following
                                               O R D E R

Signature Not Verified Learned senior counsel appearing on behalf Digitally signed by Charanjeet Kaur Date: 2023.08.01 of the DDA submits that the demarcation is to be 17:19:55 IST Reason:

carried out by SDM, Defence Colony of the Khasra No. CP(Civil) 335/2021 2 279, Okhla, to point out what area falls within the Khasra and what area falls outside the Khasra. Within one week of the demarcation exercise being carried out necessary action will be taken for demolition. We call upon the SDM, to carry out the exercise within ten days of the receipt of the order in terms of the letter dated 28.07.2023 stated to be sent by the DDA.

Learned Amicus Curiae rightly points out that actually the whole land belongs to the DDA and unauthorized construction is rampant. He refers to the fact that the issue of the regularization of unauthorized colonies is still pending. That is pending possibly for more than a decade! We do believe that it must have some finality as in the absence of the same, unauthorized construction is carried out rampantly and at a level where even authorized construction is not permissible. We would like to say that even in unauthorized colonies, were they are to be regularized, the construction would only be permissible as per certain authorization. The applicant(s) are constructing beyond even that level making five and six stories, nothing prevents the concerned authorities, including DDA/MCD to carry out the task of demolition at least those stories which could never be regularized even if process of regularization was to take place.

A report be submitted to this Court about the exercise by the DDA and the SDM within four weeks.

List on 05.09.2023.

      [CHARANJEET KAUR]                                [POONAM VAID]
      ASTT. REGISTRAR-cum-PS                      COURT MASTER (NSH)