Delhi High Court - Orders
Sh. Shailesh Panday vs East Delhi Municipal Corporation And ... on 17 January, 2023
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7237/2019
SH. SHAILESH PANDAY ..... Petitioner
Through: None.
versus
EAST DELHI MUNICIPAL CORPORATION AND
ANR. ..... Respondents
Through: Mr. Ranjeet Pandey, Advocate for
respondent No.1.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 17.01.2023
1. Present none for the petitioner.
2. It is noted that the petitioner has remained unrepresented on the last two dates of hearing. Accordingly, the petition is dismissed in default for non-prosecution.
3. However, the present petition has been filed by the petitioner against unauthorised construction thereby seeking following prayers :-
"A) direct the respondent no. 1 to demolish unauthorised and illegal construction of respondent no. 2 and others dwellers;
B) issue a writ of mandamus or any other appropriate writ, order or direction to comply/execute the order no.EE/B/I/Sh.(s)/2015/D-09 dated 01.04.2015 passed by respondent herein EDMC in compliance of order dated 23.12.2014 passed by this Hon'ble High Court in Writ Petition (Civil) NO. 9230 of 2014, within stipulated time period;
Digitally Signed By:SANGEETA ANAND Signing Date:19.01.2023 11:58:31 C) pass such further or other orders which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice."
4. Considering the aforesaid, Mr. Ranjit Pandey who is present in court and represents the corporation, is directed to accept notice in the present case.
5. A Status Report has been placed on record relevant portions of which are extracted below :-
"2. That, the Respondent No.2 had filed WP(C) No.9230/2014 titled as Mr. Mahesh Rai vs. EDMC & Ors., before the Hon'ble High Court of Delhi regarding alleged unauthorized construction carried out by the respondents namely Sh. Shailesh Pandey, Sh. Krishankant Pandey and Sh. Sunil Pandey resident of H.No.231 Vishwakarma nagar, Partap khand, Delhi allotted to their father Sh. Brijanandan Pandey.
3. That the Hon'ble High Court vide orders dated 23.12.2014 has passed the following orders in the said WP(C):
" Learned counsel for the respondent-Corporation, who appears on advance notice, admits on instructions of Mr. Kuideep Chopra, A.E.(B), Shahdara South Zone, who is personally present in Court, that respondents No.2 to 4 have carried out unauthorized and illegal construction by encroaching upon public land. He, however, states that the petitioner has also carried out illegal and unauthorized construction.
In view of the aforesaid, with the consent to parties, the present writ petition and application are disposed of with a direction to the respondent-Corporation to treat the present writ petition as a representation to the Executive Engineer (Building), Shahdara, South Zone EDMC and to decide the same within a period of four Digitally Signed weeks after giving notice to the petitioner and By:SANGEETA ANAND Signing Date:19.01.2023 11:58:31 respondent No.2 to 4.
4. That in compliance of the said directions dated 23.12.2014 of Hon'ble High Court of Delhi, personal hearing was granted to the petitioner as well as the respondent as per daily order sheet dated 15.01.2015, 21.1.2015, 28.1.2015 & 11.02.2015.
5. That as per status report submitted by the JE (B) and AE(B), both the petitioner as well as the respondents have resorted to carry out unauthorized constructions over and above original allotted area of the tenement allotted by the Assistant Housing Commissioner of Labour, GNCTD.
6. That after considering the facts and circumstances in its entirety, it is found that the occupant of P.No.230, Vishwakarma Nagar, Pratap Khand and Sh. Shailesh Pandey, Sh. Krishan Kant Pandey and Sh. Sunil Pandey occupant of P.No.231, Vishwakarma Nagar, Pratap Khand are responsible for carrying out unauthorized constructions in their allotted properties without having building plan sanctioned. Therefore, Sh. Mahesh Rai, Respondent No.2 / occupant of P.No.230, Vishwakarma Nagar, Pratap Khand and the petitioner namely Sh. Shailesh Pandey, occupant of P.No.231, Vishwakarma Nagar, Pratap Khand are held responsible for carrying out unauthorized construction in their allotted properties in violation of the building bye laws thereby actionable under provisions of DMC Act. The office order bearing No.EE (B)- l/Sh(S)/2015/D-09 dated 01.04.2015 was issued to both the owners of the property. The copy of the letter dated 01.04.2015 is annexed as Annexure 'R-1'.
Status in respect of property bearing No.230 Vishwakarma Nagar, Pratap Khand
7. That the unauthorized construction at P.No.230, First Floor, Vishwakarma Nagar, Pratap Khand in the shape of extended portions (two rooms) and excess coverage on Municipal Land Digitally Signed By:SANGEETA ANAND Signing Date:19.01.2023 11:58:31 was booked vide booking file No.664/B/UC/SS/15 dated 18.12.2015. The show cause notice dated 18.12.2015 has been issued and served upon to the owner of the property. After considering the reply to the show cause notice, the demolition notice/order dated 01.01.2016 was issued and served upon to the owner of the property and the demolition order was passed on 15.01.2016 after following the due process of law.
8. That the demolition action programs were fixed on 20.01.2016 with the concerned Police Station. But the same was not executed due to non availability of police force on the occasion of Republic Day.
9. That thereafter, the vacation notice u/s 349 of DMC Act dated 10.10.2019 was issued to the owner of the property so that the demolition / sealing action against the unauthorized construction at existing premises shall be carried out.
10. That the owner of the property bearing No.230, Vishwakarma Nagar, Pratap Khand has challenged the vacation notice dated 10.10.2019 before the Hon'ble ATMCD. The Hon'ble ATMCD had stayed the demolition order in property in question be postponed till the next date of hearing i.e. 10.12.2019. The copy of the Hon'ble ATMCD order dated 10.10.2019 is annexed as Annexure 'R-2'.
Status in respect of property hearing No.231 Vishwakarma Nagar, Pratap Khand
11. That the unauthorized construction at P.No.231, Ground Floor, Vishwakarma Nagar, Pratap Khand in the shape of extended portion (room etc.) was booked vide booking file No.665/B/UC/SS/15 dated 18.12.2015. The show cause notice dated 18.12.2015 was issued and served upon to the owner of the property. But the owner/builder failed to give the reply of the said show cause notice. The demolition notice/order dated 01.01.2016 was issued and served upon to the owner of the property and the demolition order was passed on 15.01.2016 Digitally Signed By:SANGEETA ANAND Signing Date:19.01.2023 11:58:31 after following the due process of law.
12. That the demolition action programs were fixed on 20.01.2016 with the concerned Police Station. But the same was not executed due to non availability of police force on the occasion of Republic Day.
13. That thereafter, the vacation notice u/s 349 of DMC Act dated 10.10.2019 was issued to the owner of the property so that the demolition / sealing action against the unauthorized construction at existing premises shall be carried out.
14. Thereafter, a special demolition program was fixed on 23.10.2019 but the action could not be taken due to non availability of police force."
6. In view of the above Status Report, respondent No.1 is directed to take the requisite action against the subject property mentioned in the Status Report expeditiously and in accordance with law.
MANOJ KUMAR OHRI, J JANUARY 17, 2023 ga Digitally Signed By:SANGEETA ANAND Signing Date:19.01.2023 11:58:31