Delhi High Court - Orders
Asha Chaurasia vs North Delhi Municipal Corporation & Ors on 3 November, 2022
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1925/2022, CM. APPLs. 5527 & 44508/2022
ASHA CHAURASIA ..... Petitioner
Through: None.
versus
NORTH DELHI MUNICIPAL
CORPORATION & ORS. ..... Respondents
Through: Mr.Akhil Mittal, Standing Counsel
with Mr.Sahib Kochhar, Advocate for
respondent No.1.
Mr.Divyam Nandrajog, Panel
Counsel, GNCTD with
Mr.Mohd.Shahid, Advocate for
respondent No.2.
Mr.Anjum Kumar (Through V.C.)
and Mr.Vivek Malhotra, Advocates
for respondent No.3.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 03.11.2022
1. By way of the present writ petition filed under Article 226 of the Constitution of India, the petitioner seeks directions to respondent Nos.1 and 2 to demolish the illegal and unauthorised construction stated to be carried out by respondent No.3 on the roof of third floor of property bearing No. 3156 forming part of properties No. 3152-3156, Ward No. VI, Mohalla Dassan, Charkhe Walan, Delhi - 110006 (hereinafter, referred to as the 'subject property').
2. Learned Standing Counsel for respondent No.1/Corporation submits that Status Report has been filed, however the same is not on record. A copy Digitally Signed By:SANGEETA ANAND Signing Date:10.11.2022 12:42:39 of the Status Report has been handed over in Court, which is taken on record. Relevant excerpt of the same reads as under:
"3. That it is respectfully submitted that in execution of demolition order dated 13.09.2017, action was planned for 12.09.2022 wherein fourth floor of the property bearing no.3156, Phatak Nanak Chand, Mohalla Dassan, Charkhewalan, Delhi-110006 was completely demolished and projection on municipal land at first floor, second floor and third floor partly demolished. The photographs showing demolition action on 12.09.2022 are annexed herewith as Annexure - A (Colly). Further action in the matter shall be taken in due course in accordance with law as per policy of the Corporation and after lifting of ban on construction and demolition activities in view of the rising of Air Pollution in Delhi.
4. That it is respectfully submitted that in the present case few actions were planned in the year 2017 & 2018 however action could not be taken due to non-availability of police force or shortage of time. During the period 2018 onwards the respondent has been taking actions against order properties in accordance with the priorities in terms of orders of this Hon'ble Court and other Courts as well as STF, Monitoring Committee, PGC, NGT and other Forums/Agencies. Number of actions have been delayed on account of various administrative exigencies, Country wide Lockdown on account of COVID-19, restrictions imposed from time to time on account of rise in pollution level of Delhi as well as non-availability of police force. The delay in the present case is neither intentional nor deliberate however inconvenience caused to this Hon'ble Court is deeply regretted. The deponent take the responsibility to abide by all directions of this Hon'ble Court as duty bound."
3. Mr.Anjum Kumar, learned counsel for respondent No.3 has joined the proceeding through V.C. and, on instructions, submits that the answering respondent undertakes not to carry out any construction at the subject property, which is not in accordance with law. The undertaking given on behalf of respondent No.3 is accepted and respondent No.3 is made bound Digitally Signed By:SANGEETA ANAND Signing Date:10.11.2022 12:42:39 by the same.
4 Keeping in view the contents of the Status Report as well as undertaking given on behalf of respondent No.3, the present petition is disposed of with a direction to respondent Nos.1 and 2 to ensure that no construction activity is carried out at the subject property, which is not in accordance with law. Pending applications are disposed of as infructuous.
MANOJ KUMAR OHRI, J NOVEMBER 3, 2022/v Digitally Signed By:SANGEETA ANAND Signing Date:10.11.2022 12:42:39