Delhi High Court - Orders
Mohd. Asif vs The Commissioner, Municipal ... on 19 July, 2022
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10816/2022 & CM. APPL. No.31437/2022
MOHD. ASIF ..... Petitioner
Through: Mr.Abdul Sattar, Advocate
versus
THE COMMISSIONER,
MUNICIPAL CORPORATION OF DELHI & ORS....Respondents
Through: Ms.Saroj Bidawat, Standing Counsel
for respondent No.1/MCD.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 19.07.2022
1. By way of the present petition filed under Article 226 of the Constitution of India, the petitioner has sought directions to respondent Nos.1 and 2 to take appropriate action with respect to the illegal and unauthorised construction stated to be carried out at property bearing No.283 Basti Hazrat Nizamuddin, New Delhi (hereinafter, referred to as the 'subject property') by respondent Nos.3 and 4.
2. Ms. Saroj Bidawat, learned Standing Counsel appearing for respondent No.1/MCD, on instructions, submits that the unauthorised construction in the subject property has already been booked. She, on further instructions, submits that the subject property was initially sealed in the year 2017 and after noticing tampering in the seal, it has now been re-sealed. She assures the Court that further proceedings in accordance with law would be undertaken.
Learned Standing Counsel has also contended that the petitioner has Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:22.07.2022 14:14:10 not placed on record any documentary proof showing that he is a resident of the same area, nor has he averred as to what fundamental or legal rights of his are affected by the alleged unauthorised construction.
3. The statement made on behalf of respondent No.1/MCD is taken on record.
4. In view of the above, no further orders are required to be passed in the present petition. Accordingly, the same is disposed of, alongwith the pending application.
5. It is clarified that in case of any grievance arising hereafter, the petitioner shall be at liberty to approach the Special Task Force constituted by the DDA pursuant to directions of the Supreme Court and/or the respondent/Corporation.
MANOJ KUMAR OHRI, J JULY 19, 2022/v Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:22.07.2022 14:14:10