Delhi High Court - Orders
Smt. Brij Mohani vs The State (Govt. Of Nct Of Delhi ) And ... on 4 September, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11686/2023, CM APPL. 45614/2023, CM APPL.
45615/2023
SMT. BRIJ MOHANI ..... Petitioner
Through: None.
versus
THE STATE (GOVT. OF NCT OF DELHI )
AND OTHERS ..... Respondents
Through: Mr. Chetanya Singh, Advocate.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 04.09.2023
1. The petitioner is unrepresented even on the second call.
2. This petition under Article 226 of the Constitution, has been filed against alleged illegal construction in property bearing house No. H13A, Mukhram Garden, Tilak Nagar, Nearby Rao Dental Clinic, New Delhi- 110018.
3. Mr. Chetanya Singh, learned counsel for the Municipal Corporation of Delhi ["MCD"], submits that the subject property has been inspected and illegal construction has been found therein. Consequently, a show cause notice was issued in June 2023 and a demolition order has been issued. Demolition action thereafter was also carried out, wherein a room built on the terrace was demolished. He states that concerned utility service providers have also been requested to disconnect supply of electricity and water in the subject premises. He states that an action of sealing of the premises is also under consideration, W.P.(C) 11686/2023 Page 1 of 2 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 16/09/2023 at 16:15:44 and further action will be taken expeditiously.
4. In view of the aforesaid submissions, no further orders are required in the writ petition, which stands disposed of, alongwith pending application.
5. It is made clear that the aforesaid submissions are recorded without prejudice to the rights and contentions of the owners/occupants of the subject property, whose statutory remedies, if any, remain reserved. MCD is directed to act strictly in accordance with law and after compliance of all statutory formalities.
6. In the event the petitioner has any further grievance with regard to unauthorised construction, he may approach the Special Task Force ["STF"], constituted by the Supreme Court vide orders dated 24.04.2018 and 18.07.2018 in W.P.(C) 4677/1985 [M.C. Mehta vs Union of India & Ors.]. This direction is made with reference to the decisions of the Division Bench in Devender vs. Govt. of NCT of Delhi and Ors [order dated 20.09.2018 in W.P.(C) 1807/2018], Sneh Lata & Anr. vs. North Delhi Municipal Corporation & Anr. [order dated 08.04.2019 in LPA 245/2019], and in Himanshu vs. East Delhi Municipal Corporation & Anr. [order dated 31.07.2023 in W.P.(C) 8104/2022], and by a decision of the learned Single Bench in Abdul Gaffar vs South Delhi Municipal Corporation & Ors. [order dated 28.02.2019 in W.P.(C) 1773/2019].
PRATEEK JALAN, J SEPTEMBER 4, 2023 'AT'/ W.P.(C) 11686/2023 Page 2 of 2 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 16/09/2023 at 16:15:44