Delhi High Court - Orders
Khalid Rehman vs The Commissioner Municipal ... on 15 April, 2024
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 958/2023 & CM APPL. 48470/2023
KHALID REHMAN ..... Petitioner
Through: Mr. H.S. Khan, Advocate.
versus
THE COMMISSIONER MUNICIPAL CORPORATION OF
DELHI & ORS. ..... Respondents
Through: Mr. Ajay Digpaul and Mr. Kamal R.
Digpaul, Advocates for MCD.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 15.04.2024 CM APPL. 48470/2023
1. The present application has been filed for revival of the present petition.
2. This Court notes that a Status Report dated 09th February, 2024 was filed on behalf of the Municipal Corporation of Delhi ("MCD"), wherein it was stated as follows:
"xxx xxx xxx
3. That, action against this property was planned for 11.12.2023, during the action one RCC panel was demolished at one room at fifth floor and after demolition, said room was sealed in the presence of police force. Pursuant to the said action, a letter bearing No. D/469/AE(Bldg.)-III/CNZ/2023 dated 11.12.2023 has been sent to the SHO, PS Jamia Nagar with the request to keep strict vigil over this property, so that Owner/ Builder of the property may not be able to tamper with the seals affixed by the department. Copy of watch & ward letter dated 11.12.2023 is annexed herewith as Annexure: A.
4. That, further action against this property was planned for 07.02.2024, during the action entire third floor of the property was 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 17/04/2024 at 01:28:02 sealed at one point at main entrance. Photographs showing the action taken by the department on 07.02.2024 are annexed herewith as Annexure: B.
5. That, pursuant to the action dated 07.02.2024, a letter bearing No. D/556/AE(Bldg.)-III/CNZ/2024 dated 07.02.2024 has been sent to the SHO, PS Jamia Nagar with the request to keep strict vigil over this property, so that, Ownver/Builder of the property may not be able to restore the demolished portion. Copy of watch & ward letter dated 07.02.2024 is annexed herewith as Annexure: C.
6. That, during the above actions, rest of property was found occupied accordingly, a vacation notice u/s 349 of the DMC Act bearing No. D/569/AE(B)-III/CNZ/2024 dated 07.02.2024 has been issued in the name of Owner/ Builder of the property and a cop of the same has also been endorsed to the SHO, PS Jamia Nagar to get the premises vacated. Copy of vacation notice dated 07.02.2024 is annexed herewith as Annexure: D.
7. That, further action against this property has been planned for 28.02.2024. Action against the subject property shall be taken on 28.02.2024 subject to availability of Police."
3. Today, during the course of hearing, learned counsel appearing for the MCD has handed over copy of Status Report dated 12th April, 2024, which is taken on record. As per the said Status Report, it has been stated as follows:
"xxx xxx xxx
3. That as per record, pursuant to the demolition/ sealing order already stand passed in respect of the subject property i.e. Property No. 337-C/16 (Old), C-31 (New), Gali No. 6, Batla House, Jamia Nagar, New Delhi, an action was planned for 28.02.2024, but the same could not be executed as action on the said date action was undertaken in respect of another property bearing No. B-667, Gali No. 12, Zakir Nagar, New Delhi involved in W.P.(C). No. 6514/2022 titled as Mohd. Javed Vs Dy. Commissioner, MCD and Property No. A-270, TTI Road, Jamia Nagar, Okhla, New Delhi involved in CCP 212/2024 titled as Poonam Vs S.K. Singh & Ors., time left after the said action was not sufficient to take action at the subject property.
4. That, it is also stated herein that on recent inspection of the 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 17/04/2024 at 01:28:02 subject property it has been noticed that the earlier seals as affixed by the department on 11.12.2023 at fifth floor are also found tampered with and even also the demolished portions found repaired, despite sending of watch & ward letters to concerned SHO, PS Jamia Nagar.
5. That, immediately taking note of the same the necessary proceedings for lodging of FIR u/s 188 of IPC and 461 of the DMC Act regarding the seal tampering incident has been initiated.
6. That, furthermore so as to carry out the re-sealing/sealing and demolition action in respect of the subject property the department has also now fixed necessary action/ program for 20.04.2024 which will be taken/ carried out upon availability of Police Force."
4. Considering the aforesaid, it is noted that the requisite action is being taken by the MCD.
5. Accordingly, the present application is disposed of.
MINI PUSHKARNA, J APRIL 15, 2024/MR 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 17/04/2024 at 01:28:02