Delhi High Court - Orders
Avadh Kumar And Anr vs Municipal Corporation Of Delhi And Ors on 22 March, 2023
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 16780/2022 and CM APPL. 52998/2022 (interim direction)
AVADH KUMAR AND ANR. ..... Petitioners
Through: Mr. Vivek B. Sharma, Advocate
versus
MUNICIPAL CORPORATION OF DELHI AND ORS.
..... Respondents
Through: Mr. Arjun Mahajan, Standing Counsel
for MCD
Mr. Parvinder Chauhan, Advocate for respondent
No.2
Mr. Arun Panwar, Advocate for respondent No.3
Ms. Ronmi Risom, Advocate for respondents
No.4 to 8
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 22.03.2023
1. By way of present Writ Petition filed under Article 226 of the Constitution of India, the petitioners' who claim to be owners/residents of 26/102-C, EWS Flats, Sarai Kale Khan, New Delhi- 110013, are aggrieved by the illegal and unauthorised construction stated to be carried out by respondents No.4 to 8 at the respective properties bearing Nos.103-A, 103-B, 103-C, 103-D and 102-A, Block-26, EWS Flats, Sarai Kale Khan, New Delhi- 110013 (hereinafter referred to as the 'subject properties').
Digitally Signed By:SANGEETA ANAND Signing Date:24.03.2023 11:45:03
2. Learned counsel for MCD has handed over a copy of the Status Report in Court which is taken on record. The same reads as under:-
"3. That, cause of filing of present petition on the part of the petitioner is regarding unauthorised construction stated to be carried out at Flat No. 103-A, 103-B, 103-C, 103-D and 102-A, Block-26, EWS Flats, Sarai Kale Khan, New Delhi.
4. That, with regard to these flats, it is most respectfully submitted that these flats are EWS flats allotted by Delhi Development Authority. In order to ascertain factual position about subject properties site has been inspected by the concerned field staff of the answering respondent.
5. That, during inspection, it was observed that Flat No. 103- A, 103-B, 103-C, 103-D are situated on Ground, First, Second and Third Floor of same vertical stack, however, Flat No. 102-A is situated on Ground Floor of different stack. At the time of inspection, it has been noticed that Owner/ Occupier of these flats have carried unauthorised construction in the extension of room at their respective flats/ floors, for which demolition proceedings have been initiated vide U/c file No. 624/B/UC/EE(B)-I/CNZ/2022 dated 05.12.2022, 625/B/UC/EE(B)-I/CNZ/2022 dated 05.12.2022, 626/B/UC/EE(B)-I/CNZ/2022 dated 05.12.2022 and 627/B/UC/EE(B)-I/CNZ/2022 dated 05.12.2022, respectively. After following due process of law demolition order also stand passed in respect of these flats on 21.12.2022. Photocopies of the demolition orders passed on 21.12.2022 against these flats are annexed herewith as Annexure: A (Colly).
6. That, in order to prevent further unauthorised construction at these flats work stoppage letters u/s 344(2) of the DMC Act dated 14.12.2022 were sent to SHO, PS Sunlight Colony with the request that unauthorised construction activity be stopped by the Police immediately and workmen present in the premises be removed and the construction material including the tools, machinery etc involved in the execution of the work may be Digitally Signed By:SANGEETA ANAND Signing Date:24.03.2023 11:45:03 seized forthwith, so that no further unauthorised construction can be carried out. Copies of work stoppage letters u/s 344 (2) of the DMC Act dated 14.12.2022 are annexed herewith as Annexure: B (Colly).
7. That, matter of unauthorised construction at these flats has also been taken up with the concerned authorities of BSES and Delhi Jal Board vide letters dated 14.12.2022 for disconnection of electricity and water supply. Copies of these letters were also endorsed to the Sub-Registrar with the request not to register this property under Indian Registration Act, 1908. Copies of letters dated 14.12.2022 sent to BSES, DJB and Sub-Registrar are annexed herewith as Annexure: C (Colly).
8. That, further it is also submitted that pursuant to demolition order passed. Demolition action against unauthorised construction carried at Flat No. 103-B has been taken on 16.01.2023. During the action, two chaja panels were demolished & two walls were demolished in presence of police. Photographs showing the action taken by the department on 16.01.2023 are annexed herewith as Annexure: D.
9. That, pursuant to aforesaid demolition action, a letter bearing No. D/554/AE(B)-I/CNZ/2023 dated 23.01.2023 was sent to the SHO, PS Sunlight Colony with the request to keep strict vigil over this property, so that Owner/ Builder may not be able to restore the demolished portion. Copy of letter sent to SHO, PS Sunlight Colony to keep strict vigil is annexed herewith as Annexure: E.
10. That, further demolition proceedings u/s 343/344 of the DMC Act against the unauthorized construction i.e. extension of room, carried at flat No. 102-A has been initiated vide U/c file No. 124/B/UC/EE(B)-I/CNZ/2023 dated 21.03.2023 and accordingly, Show Cause Notice u/s 344(1) & 343 of the DMC Act bearing printed No. 3929 dated 21.03.2023 has been issued in the name of Owner/ Occupier. Further action against the same shall be taken, as per law. Copy of Show Cause Notice Digitally Signed By:SANGEETA ANAND Signing Date:24.03.2023 11:45:03 dated 21.03.2023 is annexed herewith as Annexure: F."
3. Learned counsel for MCD submits that the needful action would be taken expeditiously in accordance with law.
4. Learned counsel for respondents No.4 to 8 submits that the answering respondents intend to seek appropriate remedy before the appropriate authority. She prays that four weeks time may be granted in order to enable the answering respondents to approach the appropriate authority.
5. Accordingly, the present petition is disposed of alongwith the pending application with a direction that no coercive action be taken against respondents No.4 to 8 for a period of four weeks from today to enable them to approach the appropriate authority, whereafter the continuation of the interim protection shall be sought by respondents No.4 to 8 from the appropriate authority in the appeal filed, if any.
It is further directed that subject to the outcome of the proceedings filed, if any, before the appropriate authority, the MCD would take the necessary action expeditiously and in accordance with law.
MANOJ KUMAR OHRI, J MARCH 22, 2023 na Digitally Signed By:SANGEETA ANAND Signing Date:24.03.2023 11:45:03