Delhi High Court - Orders
Pushpanjali Farm Owners And Residents ... vs Municipal Corporation Of Delhi & Ors on 11 November, 2024
Author: Prateek Jalan
Bench: Prateek Jalan
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11127/2024 & CM APPL. 46009/2024, 62938/2024
PUSHPANJALI FARM OWNERS
AND RESIDENTS ASSOCIATION .....Petitioner
Through: Ms. Smiti Verma, Ms. Indu Malik
and Ms. Baleena Biju, Advocates.
versus
MUNICIPAL CORPORATION
OF DELHI & ORS. .....Respondents
Through: Mr. Ashutosh Gupta, ASC for
MCD.
Mr. Annirudh Sharma, Ms. Vridhi
Kashyap, Advocates for R-5 and 6.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 11.11.2024
1. The petitioner has filed this petition under Article 226 of the Constitution with regard to alleged unauthorised and illegal construction by respondent Nos. 4, 5 and 6 at Farm House No. G-7 and Farm House No. F-24, Pushpanjali Farms, New Delhi.
2. By order dated 02.09.2024, the Court recorded as follows:
"3. Heard learned counsel appearing for the petitioner.
4. Learned counsel appearing for the respondent-Corporation submits that the respondent-Corporation has already given work stop notice and as per his instructions, as on date, the work has been completely halted.
5. The aforesaid statement is taken on record.
W.P.(C) 11127/2024 Page 1 of 3This 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 18/11/2024 at 21:23:31
6. The respondent-Corporation is directed to ensure compliance of the work stop notice.
7. A similar statement is made on behalf of respondent nos.5 and 6 and they are also bound by the same.
8. Let the respondent-Corporation to place on record an affidavit within two working days.
9. List on 05.09.2024.
10. The date already fixed, i.e. 26.09.2024 stands cancelled."
[Emphasis supplied.]
3. On 05.09.2024, the Court recorded a prima facie opinion that the structure in question was unauthorised, and directed the respondent - corporation to take the action to its logical end with due expedition.
4. A status report was thereafter filed on 21.09.2024, in which it was stated that a hearing had been held on the question of whether the structure being constructed was a "temporary structure for holding social functions" as permissible in terms of a policy issued by the Municipal Corporation of Delhi ["MCD"] on 17.08.2022.
5. It appears that MCD has since issued an order on 01.10.2024, coming to the conclusion that the structure being constructed is a temporary structure in terms of the policy, and therefore withdrawing the show cause notices which were issued.
6. Respondent No. 5 has filed an application [CM APPL. 62938/2024] to bring this order to the notice of the Court.
7. Learned counsel for the petitioner states that, despite the order of this Court dated 02.09.2024 and 05.09.2024, the MCD has permitted the private respondents to continue with the construction after the order dated 01.10.2024, and construction is, in fact, ongoing.
8. In view of the orders dated 02.09.2024 and 05.09.2024, learned W.P.(C) 11127/2024 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 18/11/2024 at 21:23:31 counsel for the MCD and the respondent Nos. 5 and 6 undertake that no further construction will be permitted in the properties until further orders of the Court, and that the structure constructed by respondent Nos. 5 and 6, will not be used for any social functions until the Court has an opportunity to consider the matter.
9. The respondent Nos. 5 and 6 will file an affidavit of undertaking to this effect by tomorrow.
10. Respondent No. 4 is apparently unrepresented today. He will also be bound down by this order.
11. The MCD is also directed to file a further affidavit explaining the order dated 01.10.2024 and also stating as to whether the petitioner has any alternative recourse against the said order.
12. List on 14.01.2025.
13. The pendency of this petition will not come in the way of the MCD taking action as permitted in law, in respect of any farm house in Pushpanjali Farms, if there is an allegation of unauthorised construction or misuse of the premises.
PRATEEK JALAN, J NOVEMBER 11, 2024 'Bhupi'/ W.P.(C) 11127/2024 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 18/11/2024 at 21:23:32