Delhi High Court - Orders
Sahipur Gram Vikas Welfare Association ... vs North Delhi Municipal Corporation And ... on 12 September, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3577/2017 & CM APPLs. 15646/2017, 6311/2020,
8211/2021
SAHIPUR GRAM VIKAS WELFARE
ASSOCIATION (REGD.) ..... Petitioner
Through: Ms. Gitanjali Malviya, Mr. Sunil
Sagar & Ms. Deepu Chowdhary,
Advocates. [M:-9810247759]
versus
NORTH DELHI MUNICIPAL
CORPORATION AND ORS ..... Respondents
Through: Ms. Mansi Gupta, Advocate for
MCD/R-1. [M:-9999015454]
Mr Hemant Gulati, Advocate for
R-2/DDA.
Mr. Divyam Nandrajog, Panel
Counsel for GNCTD with Mr.
Mayank Kamra, Advocate for R-3
& 4.
Mr. Sarfaraz Hussain, Advocate
for R-5.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 12.09.2023
1. The present writ petition under Article 226 of the Constitution of India was filed in the year 2017 by the Sahipur Gram Vikas Welfare Association for the following reliefs:
"(i) A Writ of Mandamus or any other appropriate Writ, Order or Direction in the nature of Mandamus commanding the Respondent W.P.(C) 3577/2017 Page 1 of 4 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 18:36:36 nos.1 & 2 to forthwith remove encroachment and the illegal and unauthorised construction carried out in the shape of Tomb and/or Mosque falling under Khasra no 29 next to Sahib Singh Verma Community Hall and Store of MCD, of village Sahipur, Shalimar Bagh, Delhi.
(ii) A Writ of Prohibition to restrain the Respondent no.5 from continuing with the said unauthorised construction including internal converting the Ground Floor into Tomb in contravention of the provisions of Delhi Municipal Corporation Act, 1957 and the Building Bye-Laws of 1983.
(iii) A writ of mandamus or any other appropriate Writ, Order or Direction in the nature of Mandamus directing the Respondents to pay the costs of this petition to the Petitioner; and
(iv) Pass any other or further directions, orders or writ as this Hon'ble Court may, in the facts and circumstances and in the interest of justice deems fit and proper."
2. The petitioner claims to be the residents' welfare association for the residents of Village Sahipur. It filed the writ petition through its President, one Mr. Manish Kumar in whose favour a resolution dated 06.04.2017 was passed by the petitioner-association.
3. During the pendency of the proceedings, several status reports etc. have been filed by the respondent authorities. The contention of the respondents is that they have found unauthorised construction on part of the property in question.
4. The petitioner has thereafter filed CM APPL. 8211/2021 seeking permission to withdraw the writ petition. One Mr. Vinay Kumar @ Vinay Saharawat, claiming to be the Vice-President of the petitioner- association, however, opposed the withdrawal by way of an affidavit dated 27.02.2021. By order dated 01.03.2021, the Court directed learned counsel for the petitioner to produce the resolution of the Executive Committee of the petitioner in this regard. Pursuant to this order, a copy of a resolution of Executive Committee of the Association dated W.P.(C) 3577/2017 Page 2 of 4 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 18:36:36 16.02.2021 has been placed on record. It was recorded therein that Mr. Vinay Saharawat was the Vice-President in the last committee and Mr. Rakesh Kumar would be the vice president of the new committee. It was specifically recorded that Mr. Manish Kumar, President of the association, was authorised to withdraw the present writ petition.
5. Mr. Vinay Kumar has, in the meantime, filed an independent writ petition in his individual capacity, being W.P.(C) 17610/2022 [Vinay Kumar @ Vinaysaharawat & Anr. vs. Municipal Corporation of Delhi through Commissioner & Ors.], for similar reliefs as sought in this writ petition.
6. In view of the resolution dated 16.02.2021, the request of the petitioner for leave to withdraw the writ petition is accepted.
7. It is made clear that this order is without prejudice to the rights and contentions of Mr. Vinay Kumar in the writ petition filed by him, and also that this order will not come in the way of any statutory authority from taking action in respect of the subject matter of the writ petition as it may be permitted to do in law.
8. It is pointed by Ms. Mansi Gupta, learned counsel for the Municipal Corporation of Delhi, that by an interim order dated 25.04.2017, respondent No. 5 had been restrained from carrying out any further construction in the subject property. Mr. Sarfaraz Hussain, learned counsel for the respondent No. 5, states that no construction on the premises has since been carried out and respondent No. 5 does not intend to carry out any construction on the subject premises. He submits that if any construction is required to be carried out, respondent No. 5 will do so after obtaining the requisite permissions from the statutory authorities.
W.P.(C) 3577/2017 Page 3 of 4This 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 18:36:36 Respondent No. 5 is bound down to the aforesaid undertaking.
9. The writ petition is dismissed as withdrawn, with the above observations. All pending applications also stand disposed of.
PRATEEK JALAN, J SEPTEMBER 12, 2023 'pv'/ W.P.(C) 3577/2017 Page 4 of 4 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 18:36:36