Delhi High Court - Orders
Jamia Arabia Nizamia Welfare Education ... vs South Delhi Municipal Corporation & Ors on 1 September, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3343/2021 & CM APPLs. 10175/2021, 22473/2022.
JAMIA ARABIA NIZAMIA WELFARE EDUCATION
SOCIETY ..... Petitioner
Through: Ms. Deepali Saigal, Advocate for
Mr. Rakesh Lakra, Advocate.
versus
SOUTH DELHI MUNICIPAL CORPORATION
& ORS. ..... Respondents
Through: Mr. Ajjay Aroraa, Mr. Kapil Dutta,
SC with Mr. Vansh Luthra,
Advocate for MCD.
Mr. Dhruv Kamra, Advocate.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 01.09.2023
1. The petitioner - a welfare education society, has filed this writ petition under Article 226 of the Constitution for the following reliefs:
"a) Issue a Writ or any similar order/directions in nature of Writ of Mandamus directing the Respondents to remove encroachment on government land comprised in Khasra No. 554 and 558, Mirza Galib Street, Hazart Nizamuddin within Revenue Estate of Aliganj; and
b) Issue a Writ or any similar order/directions in nature of Writ of Mandamus directing the Respondents to remove and demolish illegal and unauthorized construction on government land comprised in Khasra No. 554 and 558, Mirza Galib Street, Hazart Nizamuddin within Revenue Estate of Aliganj; and
c) Pass any order/orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice."
2. The Municipal Corporation of Delhi ["MCD"] has handed over a W.P.(C) 3343/2021 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 15:34:20 status report dated 31.08.2023 in Court today, in which it is stated that demolition/sealing action in respect of property No. A-58, Nizamuddin Basti and 280 Nizamuddin Basti was partially conducted on 08.06.2022. Further action was planned in June and August, 2023, but could not be executed for want of time and is now scheduled on 18.09.2023. It is further stated that the concerned Station House Officer is requested to keep strict vigil over the properties to ensure that no further construction takes place, and that vacation notices under Section 349 of the Delhi Municipal Corporation Act, 1957 have also been issued. Copy of the status report is taken on record.
3. In view of the status report, learned counsel for the petitioner, does not seek any further orders in this writ petition, which stands disposed of.
4. It is made clear that the aforesaid submissions are recorded without prejudice to the rights and contentions of the owners/occupants of the subject property, whose statutory remedies, if any, remain reserved. The MCD is directed to act strictly in accordance with law and after compliance of all statutory formalities.
5. In the event, the petitioner has any further grievance, with regard to unauthorised construction, it may approach the Special Task Force ["STF"], constituted by the Supreme Court vide orders dated 24.04.2018 and 18.07.2018 in W.P.(C) 4677/1985 [M.C. Mehta vs Union of India & Ors.]. This direction is made with reference to the decisions of the Division Bench in Devender vs. Govt. of NCT of Delhi and Ors [order dated 20.09.2018 in W.P.(C) 1807/2018], Sneh Lata & Anr. vs. North Delhi Municipal Corporation & Anr. [order dated 08.04.2019 in LPA 245/2019], and in Himanshu vs. East Delhi Municipal Corporation W.P.(C) 3343/2021 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 15:34:20 & Anr. [order dated 31.07.2023 in W.P.(C) 8104/2022], and by a decision of the learned Single Bench in Abdul Gaffar vs South Delhi Municipal Corporation & Ors. [order dated 28.02.2019 in W.P.(C) 1773/2019].
PRATEEK JALAN, J SEPTEMBER 1, 2023 "Bhupi"/ W.P.(C) 3343/2021 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 15:34:20