Delhi High Court - Orders
Anand Tyagi vs Municipal Corporation Of Delhi And Ors on 24 March, 2023
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 16132/2022, CM APPL. 50411/2022, CM APPL. 2826/2023
ANAND TYAGI ..... Petitioner
Through: Mr. V.S. Rana, Advocate.
versus
MUNICIPAL CORPORATION OF DELHI AND
ORS. ..... Respondents
Through: Ms. Sakshi Popli, Standing Counsel
for respondent No.1.
Mr. Arun Panwar and Mr. Kartik
Sharma, Advocates for respondent
No.2.
Mr. Bikash Mohanty and Mr. Umesh
Agrawal, Advocates for respondent
Nos. 3 and 4.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 24.03.2023
1. By way of present petition filed under Article 226 of the Constitution of India, the petitioner has sought initiation of action against unauthorised constructions stated to be carried out by respondent Nos. 3 and 4 at property bearing Khasra No. 285/2, Revenue Estate, Village Chattarpur, New Delhi.
2. A copy of the Status Report has been handed over which is taken on record and which reads as under :-
"4. That on inspection and referring to the record, the status of the property as noticed is detailed herein below:-
i) As per record, the subject property has been identified as Property bearing No. D-57, (Part Rl-IS), 100 Foota Road, Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:27.03.2023 16:35:58 Chhattarpur Enclave, New Delhi, which is already stands booked vide file No. 614/UC/B-II/SZ/2022 dated 21/10/2022 in the shape of raising of column of Basement and Further booked Vide U/c File No. 687/UC/B-II/SZ/2022 dated 12/12/2022 in the shape of Basement, Ground and First floor in continuation of previous Booking No. 614/UC/B-II/SZ/2022 dated 21110/2022, for taking the necessary demolition action under Section 343/344 of DMC Act. Upon following the due process of law in this regard, the necessary demolition orders/notices also stands passed/issued by the Competent Authority Le. AE (Bldg)-II of South Zone I MCD vide dated 04/1112022 and 20/12/2022 respectively. The copy of the demolition orders/notices are annexed herewith as Annexure-A (Colly).
ii) Furthermore letters dated 10/1112022 and 05/0112023 u/s 344 (2) of the DMC Act, have also been sent to SHO, PS. Mehrauli, New Delhi with the request that the unauthorized construction be stopped and workmen present at site/property in question be removed and construction material including the tools, machinery, etc. be seized. Copy of the letters as sent in this regard are annexed as Annexure-B (Colly).
iii) Besides this letters dated 10111/2022 and 0510112023 for disconnection of electricity and water supply from the aforesaid property have also been sent to the conceded authorities. Copy of the said letters are also annexed herewith as Annexure-C (Colly).
iv) Moreover, letters dated 1011112022 and 0510112023 have also been sent to the Sub Registrar with the request not to register this property under Indian Registration Act, 1908. Copy of the said letters are also annexed as Annexure-D (Colly).
v) Apart from this, Prosecution action u/s 466-A of DMC Act, 1957 has also been initiated against the owner/builder and a complaint bearing No. Dl312l!DCIEE(B)-IIISZI2022 dated 2311112022 has been sent to SHO concerned PS Mehrauli, Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:27.03.2023 16:35:58 New Delhi. Copy of the said complaint is also annexed herewith as Annexure-E.
vi) Further it is also relevant to point out that in respect of the property in question, the necessary sealing proceedings u/s 345-A of DMC Act, has been initiated and after following due process of law, the necessary sealing orders have also been passed by the Competent Authority i.e. the Deputy Commissioner, South ZoneiMCD vide dated 1211212022 and 2410212023. Copy of sealing orders are also annexed herewith as Annexure -F (Colly).
5. That it is also pointed out here that pursuant to aforesaid demolition I sealing orders already passed in respect of the subject property, the Building Department-II of South Zone IMCD has taken/carried out the necessary demolition/sealing action as per details given herein below:-
Sl. No. Date of Action Action Taken
1. 13.12.2022 Action could not be taken due
to shortage of time, as the
action was taken on another
property.
2. 26.12.2022 Upon availability of police
force 03 RCC roof panels
of Basement have been
cut down. Simultaneously,
entire property has been
sealed at 04 points at
Basement and 01 point at
Ground floor.
3. 13.03.2023 Upon availability of police
force, after de-sealing the
property 02 RCC panels
have been at Basement with
Digitally Signed
By:NIJAMUDDEEN ANSARI
Signing Date:27.03.2023
16:35:58
the help of gas cutter.
Simultaneously, the property
have been re-sealed.
The photographs taken during the aforesaid demolition I sealing action are also annexed herewith as Annexure-G ( Colly).
6. That simultaneously, after taking the aforementioned sealing I demolition action, letters dated 2611212022 and 1310312023 have been sent to concerned SHO PS Mehrauli, with the request to direct the patrolling staff to keep strict watch and ward over the subject property so that the demolished portion may not be re-stored/repaired and the seals affixed by the department may not be tampered with. Copy of letters as sent in this regard are also annexed herewith as Annexure-H (Colly).
7. That it is also pertinent to point out here that during the course of inspection by the area field staff on 0310312023 it has been found that keeping the seal intact as affixed on earlier action, the owner/builder has entered on the premises by the committing of the act of tress passing and resumed the construction activity/finishing work. On noticing the same , the necessary proceedings for lodging of an FIR uls 448/188 of IPC read with section 461 of DMC Act, 1957 has been initiated. Simultaneously , upon noticing the further unauthorized constriction in the shape of part second floor, the same has also been booked vide U/c file No. I 66/UC/B-II/SZ/2023 dated 03103/2023 for taking the necessary demolition action u/s 3431344 of DMC Act, 1957. The requisite Show Cause Notice in this regard has been issued. Further necessary action in this proceedings will be taken in due course of time by following due process of law. The copy of the Show Cause Notice as sent is annexed herewith as Annexure-I.
8. That the department has now fixed the further action pursuant Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:27.03.2023 16:35:58 to the aforementioned demolition/sealing orders already stand passed, in respect of the subject property for 2810312023, which will be taken/carried out, upon availability of police force."
3. Ms. Sakshi Popli, learned Standing Counsel for respondent No.1, on instructions, submits that part demolition action was taken on 13.03.2023 and next demolition plan is scheduled for 28.03.2023. She further submits needful action would be taken on the said date or immediately thereafter.
4. Mr. Arun Panwar, learned counsel for respondent No.2 submits as and when police assistance is sought by respondent No.1, the same shall be duly provided.
5. In view of the above Status Report as well as submissions made on behalf of the Corporation, present petition is disposed of with the directions that respondent No.1 shall ensure that requisite action is undertaken expeditiously and preferably within three months from today. It is further directed that Respondent Nos. 3 and 4 shall not carry out any construction which is not in accordance with law. The concerned A.E. (Building), MCD shall ensure that the requisition action is taken within stipulated period. Miscellaneous applications are disposed of as infructuous.
6. Needless to state that the owner/occupier of the subject property shall also be at liberty to seek remedy in accordance with law.
MANOJ KUMAR OHRI, J MARCH 24, 2023 ga Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:27.03.2023 16:35:58