Delhi High Court - Orders
Hira Noor vs Municipal Corporation Of Delhi And Ors on 17 May, 2023
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~72
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14557/2022
HIRA NOOR ..... Petitioner
Through: Appearance not given
versus
MUNICIPAL CORPORATION OF DELHI AND ORS.
..... Respondents
Through: Ms. Jagriti Singh, Standing Counsel for
MCD
Ms. Pavitra Kaur, Advocate for GNCTD
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 17.05.2023 CM APPL. 25863/2023 (withdrawal of the petition)
1. By way of the present application filed under Section 151 CPC, the petitioner seeks leave to withdraw the petition.
2. The Status Report has been handed over in Court today. The same is taken on record which reads as under:-
"3. That it is respectfully submitted that as per record, upon noticing unauthorized construction in the property bearing no.1877, Gali Behram Beg, Lal Kuan, Delhi, action was planned at ongoing stage on 29.09.2018 wherein demolition action was taken at 2nd, 3rd, 4th and 5th floor was taken wherein roofs of 03 rooms demolished at 2nd floor roof of 05 rooms demolished at 3rd floor, roof of 04 rooms demolished at 4th floor and roof of 02 rooms demolished at 05 floor. All the roofs of rooms as mentioned above were demolished 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 24/09/2023 at 11:09:50 substantially and made unuseable.
4. That it is respectfully submitted that during inspection on 29.08.2018 it was noticed that unauthorized construction has again been carried out in the property in question in the shape of first floor & second floor in the form of room, wall, kitchen, hall etc. and as such the same was booked under section 343 & 344 of the DMC Act vide file no 430/90-N/B/UC/EE(B)- I/CSPZ/2018 dated 29.08.2018. A show cause notice dated 29.08.2018 was issued to the Sh. Wajahat Ali to show cause as to why demolition order in respect of aforesaid unauthorized construction be not passed. It is submitted that after following the due process of law demolition order dated 13.09.2018 was passed thereby directing the noticees to demolish the said unauthorized construction in form of first floor & second floor and further unauthorized construction of third floor within 06 days failing which the same shall be demolished at the risk and cost of the noticees. A copy of demolition order 13.09.2018 is annexed herewith as Annexure-A.
5. That it is respectfully submitted that apart from the above, letter dated 28.11.2018 was also issued to the authorities concerned for disconnection of electricity and water supply in the property in question. A copy of said letter dated 28.11.2018 is annexed herewith as Annexure-B.
6. That it is respectfully submitted that during inspection on 12.11.2018 it was noticed that unauthorized construction in the form of third and fourth floor has also been carried out (even after partial demolition at ongoing stage) and as such the same was also booked under section 343 & 344 of the DMC Act vide file no.514/90-N/B/UC/EE(B)-I/CSPZ/2018 dated 12.11.2018. A show cause notice dated 12.11.2018 was issued to the Sh. Wajahat Ali/Nazim to show cause as to why demolition order in respect of aforesaid unauthorized construction be not passed. It is submitted that after following the due process of law demolition order dated 13.12.2018 was passed thereby directing the noticees to demolish the said unauthorized 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 24/09/2023 at 11:09:50 construction within 06 days failing which the same shall be demolished at the risk and cost of the noticees. A copy of demolition order 13.12.2018 is annexed herewith as Annexure- C.
7. That it is respectfully submitted that in execution of demolition orders, action were planned for 04.02.2019, 26.02.2019, 29.03.2019, 04.04.2019 & 30.05.2019 however action could not be taken either due to shortage of time or non- availability of police force. It is submitted that further action was planned for 24.04.2023 wherein it was noticed that the building has been occupied illegally and during demolition action walls of the building started developing cracks. Keeping in view the danger to the adjacent buildings the demolition could not be completed without vacation of adjacent buildings. The adjacent buildings needs to be vacated before taking any further action in the matter keeping in view the safety. As the property in question has been occupied illegally therefore, vacation notice dated 18.04.2023 under section 349 of the DMC Act has been issued to the SHO, P.S. Hauz Qazi as well as to the owner/occupiers requesting them to vacate the premises so that action may be taken.
8. That it is respectfully submitted that during action on 24.04.2023 it was revealed that further unauthorized construction in the shape of fifth and sixth floor has also been carried out by the owners and as such the same has also been booked under section 343 & 344 of the DMC Act vide file no.79/79-N/B/UC/EE(B)-I/CSPZ/2023 dated 24.04.2023. Further action in the matter has been fixed for 28.04.2023."
3. Learned Standing Counsel for MCD submits that the needful action would be taken expeditiously and in accordance with law.
4. In view of the above, the present application is disposed of with a direction that the requisite action be taken expeditiously and in accordance with law, preferably within a period of six months from today.
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 24/09/2023 at 11:09:51
5. The concerned A.E. (Building) shall ensure that the action is taken in entirety after serving the owner/occupier with due notice who shall be at liberty to seek remedy as may be available under law.
6. Let a copy of this order be placed before the Dy. Commissioner, MCD concerned Zone for necessary compliance. W.P.(C) 14557/2022
1. In view of the order passed in CM APPL. 25863/2023, the present petition is disposed of.
2. The date already fixed i.e., 08.11.2023 stands cancelled.
MANOJ KUMAR OHRI, J MAY 17, 2023 na 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 24/09/2023 at 11:09:51