Delhi High Court - Orders
Chhatta Sheikh Mangloo And Chitla Gate ... vs North Delhi Municipal Corporation & Ors on 11 April, 2023
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6038/2021, CM. APPLs. 19101/2021 & 15471/2022
CHHATTA SHEIKH MANGLOO AND
CHITLA GATE REGD ..... Petitioner
Through: Mr.Mohd.Ali and Ms.Prachi Gupta,
Advocates
versus
NORTH DELHI MUNICIPAL
CORPORATION & ORS. ..... Respondents
Through: Mr.Akhil Mittal, Standing Counsel,
MCD.
Mr.Arun Panwar, Advocate for
respondent No.2.
Ms.Kanika Sharma, and Mr.Pranav
Sharma, Advocates for respondent
No.3.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 11.04.2023
1. The petitioner, who claims to be a RWA, has filed the present petition with respect to the illegal and unauthorised construction statedly carried out by respondents No.3 to 5 at properties bearing No.H.No.399, 475 & 848, Chitla Gate, Chawri Bazar, Delhi.
2. During pendency of the present petition, allegations with respect to the property bearing No.475 were withdrawn. In so far as the property No.399 is concerned, the owner/occupier i.e. one Sh.Gullu had appeared through counsel and submitted that the demolition order passed by the respondent No.1/MCD was challenged before the ATMCD by way of an Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:13.04.2023 12:33:49 appeal being A.No.375/2022. In so far as the property bearing No.848 is concerned, an amended memo of parties was filed.
3. Learned counsel appearing for respondents No.5 and 6 submits that while respondent No.5 is a builder, respondent No.6 is the owner/ occupier.
4. A fresh Status Report has been handed over in Court on behalf of respondent No.1/MCD, which is taken on record. Relevant excerpts of the same reads as under:
"3. That it is respectfully submitted that as per record, in execution of demolition orders against the unauthorized construction in property bearing no.847 to 849, Chitla Gate, Chawri Bazar, Delhi, action was planned for 07.09.2022 however action could not be taken as the staff was diverted to another special encroachment removal programme in the area PS Lahori Gate. It is submitted that another action was * planned for 15.2.2023 wherein one RCC panel at GF was cut down. A Photographs showing demolition action on 15.2.2023 are annexed herewith as Annexure 'A' (Colly). As the property in question has sheen occupied illegally, therefore, vacation notice dated 9.2.2023 u/s 349 of the DMC Act has been issued to the SHO, PS Jama Masjid as well as to the owner/occupiers requesting them to vacate the premises so that action may be taken. A copy of said vacation notice dated 9.2.2023 is annexed herewith as Annexure 'B'. It is respectfully submitted that apart from the above, letter dated 22.10.2021 has also been issued to the authorities concerned for disconnection of electricity and water supply in the property in question. A copy of said letter dt. 22.10.2021 is annexed herewith as Annexure 'C'.
4. That it is respectfully submitted that against the demolition order dated 28.06.2022 against the unauthorized construction in property bearing no.399, Chitla Gate, Chawri Bazar, Delhi, appeal bearing No.375/22 titled Gul Mohammad Vs MCD has been filed before the Appellate Tribunal, MCD which is pending adjudication. Copies of orders dated 26.7.2022, 4.8.2022, 30.9.2022, 9.12.2022 and 11.1.2023 passed by the Appellate Tribunal are annexed herewith as Annexure 'D' (Colly). The said appeal is next listed for hearing on Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:13.04.2023 12:33:49
05.07.2023. It is submitted that a special demolition programme has been fixed for 25.04.2023.
5. That it is respectfully submitted that so far as property no.475, Chitla Gate, Chawri Bazar, Delhi is concerned the same was found to be old and occupied and no construction activity was found in progress when inspected. Moreso, the petitioner himself conceded before this Hon'ble Court during the hearing on 29.09.2021 that P.No.475 was included on account of error and as such respondent No.4 being the owner of P.No. 475 was deleted from the array of parties. A copy of order dated 29.09.2021 in WPC No. 6038/2021 is annexed herewith as Annexure 'E'."
5. Mr.Akhil Mittal, learned Standing Counsel, submits that although the writ petition pertains to property bearing No.848, during inspection, unauthorised construction was also noticed at properties bearing No.847 and
849. He, while referring to the Status Report, further submits that special demolition drive is now planned for 25.04.2023, on which date, necessary action would be taken against the subject property.
6. Mr.Arun Panwar, learned counsel appears on behalf of respondent No.2 and, on instructions, submits that respondent No. 2/SHO, P.S.Jama Masjid, Delhi shall provide all necessary police assistance as and when asked for by respondent No. 1/MCD.
7. Learned counsel for respondent No.3 submits that respondent No.3 undertakes not to carry out any further construction, which is not in accordance with law.
8. The undertaking given by respondent No.3 is accepted and taken on record and he is made bound by the same.
9. Considering the aforesaid, the present petition is disposed of with the direction that the concerned A.E. (Building), MCD shall be responsible to Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:13.04.2023 12:33:49 ensure that the entire requisite action is taken on the 25.04.2023 or within a period of three months from today.
10. Learned Standing Counsel, MCD submits that a copy of this order shall be placed before the Deputy Commissioner, MCD of the concerned Zone to ensure necessary compliance.
MANOJ KUMAR OHRI, J APRIL 11, 2023/v Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:13.04.2023 12:33:49