Delhi High Court - Orders
Arjun Singh vs Municipal Corporation Of Delhi And Ors on 21 September, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11545/2023
ARJUN SINGH ..... Petitioner
Through: Mr. Babban Sharma & Mr. Mohd.
Babar, Advocates.
[M:-9810395833]
versus
MUNICIPAL CORPORATION
OF DELHI AND ORS ..... Respondents
Through: Ms. Shilpa Ohri, ASC for MCD.
Mr. Santosh Kr. Tripathi, SC
(Civil), GNCTD with Mr. Arun
Panwar, Mr. Pradyumn Rao, Mr.
Utkarsh Singh, Mr. Kartika
Sharma, Mr. Rishabh Srivastava &
Ms. Prashansa Sharma, Advocates
for R-2/SHO.
Ms. Mrinalini Sen, Standing
Counsel for DDA.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 21.09.2023 CM APPL. 44966/2023(for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
W.P.(C) 11545/2023 & CM APPL. 44965/2023(for interim orders)
1. The petitioner has approached this Court under Article 226 of the Constitution in respect of alleged unauthorised construction and illegal W.P.(C) 11545/2023 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 23/09/2023 at 00:14:12 construction at property bearing No. 3497, Kucha Lal Mian, Darya Ganj, Delhi-110002.
2. Ms. Shilpa Ohri, learned Additional Standing Counsel who appears on advance notice for the Municipal Corporation of Delhi ["MCD"], states upon instructions from Mr. Jitendra Pandey, Assistant Engineer, City SP Zone, that partial demolition action has been taken on 18.09.2023. She states that further action will be taken expeditiously, in accordance with law, within eight weeks from today.
3. Ms. Ohri states that the concerned officers will coordinate with the concerned Station House Officer for this purpose.
4. In view of the aforesaid submissions of the MCD, no further orders are required in this writ petition, which stands disposed of, alongwith pending applications.
5. 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. MCD is directed to act strictly in accordance with law and after compliance with all statutory formalities.
6. In the event the petitioner has any further grievance with regard to unauthorised construction, he 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 W.P.(C) 11545/2023 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 23/09/2023 at 00:14:12 LPA 245/2019], and in Himanshu vs. East Delhi Municipal Corporation & 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 21, 2023 'pv'/ W.P.(C) 11545/2023 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 23/09/2023 at 00:14:12