Delhi High Court - Orders
Amanjeet Singh vs Municipal Corporation Of Delhi on 1 May, 2023
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15267/2022
AMANJEET SINGH ..... Petitioner
Through: Mr. Akshit Sawal, Advocate
versus
MUNICIPAL CORPORATION OF DELHI ..... Respondent
Through: Mr. Kartikey Yadav, Advocate
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 01.05.2023
1. By way of the present petition filed under Article 226 of the Constitution of India, the petitioner has assailed the illegal encroachment and unauthorized construction stated to be carried out by the owners/occupants at property bearing plot No. N-29, Gali No.4, Anand Parvat Industrial Area, Delhi-110005 (hereinafter, referred to as the 'subject property').
2. Learned counsel for the respondent submits that the Status Report has been filed however, the same is not on record. A copy of the same has been handed over in Court which is taken on record. The Status Report reads as under:-
"3. That it is respectfully submitted that property no.N-29, Gali No.4, Anand Parbat Industrial Area, Delhi-110005 is a big property divided into various parts. As per record unauthorized construction was reported in three portions including present one. It is respectfully submitted that the unauthorized construction in all three portions have been booked under section 343 & 344 of the DMC Act and consequent action has also been initiated. A rough sketch showing the property having Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:04.05.2023 18:12:17 different portions is annexed herewith as Annexure-A.4.
4. That it is respectfully submitted that as per record unauthorized construction in the shape of ground floor and wall raising at first floor in the property bearing no.N-29, Gali No.4, Anand Parbat Industrial Area, Delhi-110005 was booked under section 343 & 344 of the DMC Act vide file no. 148/82- N/B/UC/EE(B)-I/CSPZ/2022 dated 15.07.2022. A show cause notice dated 15.07.2022 was issued to the Sh. Deepak Nagar/Owner/Builder 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 04.08.2022 has already been passed thereby directing the noticees to demolish the said unauthorized construction in form of ground floor and first floor within 06 days failing which the same shall be demolished at the risk and cost of the noticees. A copy of demolition order 04.08.2022 is annexed herewith as Annexure-B.
5. That it is respectfully submitted that as per record unauthorized construction in the shape of ground floor with projection on municipal land in the second part of the property in question has also been booked under section 343 & 344 of the DMC Act vide file no.44/71/B/UC/EE(B)-I/CSPZ/2023 dated 20.02.2023. A show cause notice dated 20.02.2023 was issued to the Sh. Devi Singh/Owner/Builder 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. 02.03.2023 has been passed thereby directing the noticees to demolish the said unauthorized construction within 06 days failing which the same shall be demolished at the risk and cost of the noticees. It is submitted that as the noticee failed to comply with the demolition order therefore action was planned for 03.04.2023 & 18.04.2023 however action could not be taken due to shortage of time. A copy of demolition order 02.03.2023 is annexed herewith as Annexure-C. Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:04.05.2023 18:12:17
6. That it is respectfully submitted that as per record unauthorized construction in the shape of entire ground floor, first floor, second floor and third floor with projection on municipal land in the third part of the property in question has also been booked under section 343 & 344 of the DMC Act vide file no.43/71/B/UC/EE(B)-I/CSPZ/2023 dated 20.02.2023. A show cause notice dated 20.02.2023 was issued to the Sh. Rajeev/Owner/Builder 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 02.03.2023 has been passed thereby directing the noticees to demolish the said unauthorized construction within 06 days failing which the same shall be demolished at the risk and cost of the noticees. It is submitted that as the noticee failed to comply with the demolition order therefore action was planned for 03.04.2023 however action could not be taken due to shortage of time. Another action was planned for 18.04.2023 wherein roofs slab of one room at third floor has been demolished/punctured. A copy of demolition order 02.03.2023 is annexed herewith as Annexure-E. Photographs showing demolition action on 18.04.2023 are annexed herewith as Annexure-E(Colly).
7. That it is respectfully submitted that apart from the above, letters dated 23.08.2022 & 14.03.2023 were also issued to the authorities concerned for disconnection of electricity and water supply in the property in question. Copy of said letters dated 23.08.2022 & 14.03.2023 are annexed herewith as Annexure-F.
8. That it is respectfully submitted that in execution of demolition order dated 04.08.2022, action was planned for 26.08.2022 wherein roofs slab at first floor was demolished and panel was cut down by gas cutter. Complete action could not be taken due to shortage of time. Photographs showing demolition action are annexed herewith as Annexure-G(Colly). Further action were planned for 07.09.2022, 23.09.2022, 12.10.2022 & 29.11.2022 however action could not be taken either due to shortage of time or non-availability of police force. Further action in the matter has been fixed for 03.05.2023."
Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:04.05.2023 18:12:17
3. Learned counsel for MCD submits that the necessary action would be taken expeditiously.
4. In view of the above, the present petition is disposed of with a direction that needful action be taken expeditiously and in accordance with law, preferably within a period of four months from today.
5. The concerned A.E. (Building) shall ensure that the action is taken in entirety after duly serving the owner/occupier with a notice who shall be at liberty to seek remedy as may be available under law.
MANOJ KUMAR OHRI, J MAY 1, 2023 na Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:04.05.2023 18:12:17