Delhi High Court - Orders
Mohd Abrar vs Municipal Corporation Of Delhi And Ors on 23 May, 2023
Author: Satish Chandra Sharma
Bench: Chief Justice, Subramonium Prasad
$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 457/2023
MOHD ABRAR ..... Appellant
Through: Mr. Javed Ahmed and Ms. Aakriti
Aditya, Advocates.
versus
MUNICIPAL CORPORATION OF DELHI AND ORS
..... Respondents
Through: Ms. Sangeeta Bharti, Standing
Counsel for DJB with Ms. Pepakayala
Geetanjali and Ms. Malvi Balyan,
Advocates.
Mr. R. K. Dhawan, Standing Counsel
for DDA with Mr. V. K. Teng and
Ms. Vanshika Aggarwal, Advocate
for R-7.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 23.05.2023 CM APPL. 27525/2023 (Exemption) Allowed, subject to all just exceptions.
LPA 457/2023 & CM APPL. 27524/2023
1. The present LPA arises out of the Order dated 20.03.2023 passed by the learned Single Judge in W.P.(C) 2696/2021 in case of "Mohd Abrar vs. North Delhi Municipal Corporation & Ors.".
2. The facts of the case reveal that the Appellant herein, who is claiming LPA 457/2023 Page 1 of 5 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 24/09/2023 at 22:31:21 himself to be a law abiding citizen, came up before this Court by filing the W.P.(C) 2696/2021 stating that when he was going to offer prayers, he noticed that unauthorized and illegal constructions were being carried out by Respondent No.10 therein, who is the owner of the Property bearing No. 152 to 158 Main Bazar, Ajmeri Gate, Delhi-l l 0006 (hereinafter referred as to as the 'subject property'). It was stated before the learned Single Judge that the constructions were started in the month of January, 2019 and the subject property comes within the definition of 'Prohibited Area' and 'Regulated Area' as per Section 2 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (hereinafter referred to as 'AMASR Act, 1958'). The learned Single Judge issued notices in the matter and a detailed affidavit dated 07.09.2021 was filed by the MCD which has been reproduced by the learned Single Judge in the impugned Order. Paragraph No.3 of the impugned Order reads as under:
"3. Learned Standing Counsel for MCD has referred to the affidavit dated 07.09.2021, wherein it has been stated as under:-
"3. That it is respectfully submitted that upon receiving the information regarding unauthorized construction in the property no. 152 to 158, Main Bazar, Ajmeri Gate, Delhi the same was inspected by the field officials of answering respondent on 10.12.2020 & 11.03.2021 and upon inspection, it was found that the property consists of ground floor, first floor, second floor and third floor which is commercially occupied. It is submitted further that at the time of inspection, no new construction activity was found in progress.
4. That it is respectfully submitted that a civil suit LPA 457/2023 Page 2 of 5 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 24/09/2023 at 22:31:21 no.CS241/2020 titled Mohd. Hussain Vs Ram Charan Chopra & Ors alleging unauthorized construction in the property in question is also pending adjudication before the Court of ASCJ, Delhi in which the answering respondent has also filed written statement on 03.02.2021. It is submitted that the next date of hearing in the said suit is 09.09.2021. A copy of order dated 03.02.2021 of Ld. ASCJ, Delhi is being filed herewith as Annexure-A.
5. That it is respectfully submitted that as the property in question is old and commercially occupied and upon inspection on two occasions neither any new construction activity was found in progress nor any building material found stacked at site and as such no action is warranted at the end of the answering respondent at this stage. It is pertinent to mention here that the answering respondent shall take action against any new unauthorized construction in accordance with law as and when the same is noticed."
3. The aforesaid affidavit filed by the MCD makes it very clear that subject property is very old and commercially occupied and that no new construction has been noticed.
4. Subsequently, a status report was also filed by the MCD which has been reproduced by the learned Single Judge in the impugned Order. Paragraph No.4 of the impugned Order reads as under:
"4. Learned Standing Counsel for MCD has handed over a copy of the Status Report which is taken on record. The same reads as under:-
"3. That it is respectfully submitted that the property bearing no.152 to 158, Main Bazar, Ajmeri Gate, LPA 457/2023 Page 3 of 5 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 24/09/2023 at 22:31:21 Delhi was inspected by the field officials of answering respondent on 14.03.2023 and upon inspection, it was found that no new construction activity was found in progress.
4. That it is respectfully submitted that during inspection on 14.03.2023 photographs from inside and outside of the property in question have been taken to show the present status of the property in question which are annexed herewith as AnnexureA(Colly).
5. That it is respectfully submitted that a civil suit no.CS241/2020 titled Mohd. Hussain Vs Ram Charan Chopra & Ors alleging unauthorized construction in the property in question has been rejected under order 7 Rule 11 (d) CPC vide detailed orders dated 24.11.2022 passed by the Court of Sh. Anuj Kumar Singh, ASCJ (Central), Delhi. A copy of said order dated 24.11.2022 of Ld. ASCJ, Delhi is being filed herewith as Annexure-B."
5. The aforesaid status report filed by the MCD makes it very clear that no new construction activity has been noticed by the MCD on the subject property at any point of time. The structure on the subject property is more than 150 years old. In those circumstances, the learned Single Judge dismissed the writ petition.
6. The other important aspect of the case is that a Civil Suit bearing CS 241/2020 tiled as "Mohd. Hussain Vs Ram Charan Chopra & Ors" alleging unauthorized construction on the subject property has been rejected vide Order dated 24.11.2022 passed by the learned ASCJ, Delhi.
7. As no new construction activity was noticed by the MCD on the subject property, the learned Single Judge was justified in dismissing the LPA 457/2023 Page 4 of 5 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 24/09/2023 at 22:31:22 writ petition.
8. In view of the above, this Court does not find any reason to interfere with the Order passed by the learned Single Judge.
9. Resultantly, the LPA is dismissed, along with pending application(s), if any.
SATISH CHANDRA SHARMA, CJ SUBRAMONIUM PRASAD, J MAY 23, 2023 S. Zakir LPA 457/2023 Page 5 of 5 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 24/09/2023 at 22:31:22