Delhi High Court - Orders
Pushpanjali Farm Owners And Residents ... vs Municipal Corporation Of Delhi & Ors on 24 May, 2023
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7237/2023 & CM APP No.-----/2023 and 28205/2023
PUSHPANJALI FARM OWNERS AND RESIDENTS
ASSOCIATION ..... Petitioner
Through: Mr.Jayant Mehta, Sr. Adv. with Ms.
Sumiti Verma, Mr.Vinayak Chitale
and Ms.B. Biju, Advs.
versus
MUNICIPAL CORPORATION OF DELHI & ORS...... Respondents
Through: Mr. Arun Panwar for Mr.Santosh Kr.
Tripathi, Adv. for R3.
Mr.Vikas Chopra, Adv. for
Respondent No. 1&2.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 24.05.2023 CM APP No. 28206/2023
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 7237/2023 & CM APP No 28205/2023
1. The petitioner society has preferred the present petition against the illegal and unauthorised construction stated to be carried out by respondent No. 4 and 5 at Khasra No. 6/11/2 located in revenue estate of village Bijwasan, New Delhi -110061.
2. Mr. Mehta, learned Senior Counsel for the petitioner submits that a complaint was addressed to the STF, established by DDA under orders of Hon'ble Supreme Court, and the petitioner has been asked to provide better details of the subject property.
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 25/09/2023 at 03:20:56
3. Issue notice. Mr. Chopra, learned counsel for respondent No. 1 and 2 accepts notice and on instructions, submits that the subject property has been booked on 18.05.2023 and work stop notice has been issued on 19.05.2023. He seeks time to file status report and submits that needful action would be taken expeditiously and in accordance with law.
4. Mr. Panwar, learned counsel accepts notice on behalf of respondent no.3 and submits that as and when police assistance is sought, the same will be provided.
5. Mr. Chopra, learned counsel seeks time to file status report.
6. Let notice be issued to respondent No. 4 and 5 by all permissible modes.
7. In the meantime, respondent nos.1 to 3 shall ensure that no further construction is carried out.
8. List on 15.09.2023.
CM APPL No. /2023 ( to be numbered by the Registry)
1. By way of the present application filed under order XXVI Rule 9 read with Section 151 of the CPC, the petitioner is seeking appointment of a Local Commissioner (LC) to visit and inspect the subject property situated at Khasra No. 6/11/2 located in revenue estate of village Bijwasan, New Delhi -110061.
2. Issue notice.
4. Learned counsels as above accept notice.
5. After hearing initial submissions, this Court deems it expedient to appoint Dr. M.P. Singh, Advocate (Mobile No 9891337573, 9968357521) as Local Commissioner, who shall visit and inspect the subject property immediately and preferably within seven days from today.
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 25/09/2023 at 03:20:56
6. The execution of the commission shall be done after due intimation to the petitioner and respondents. The concerned officer of respondents shall also remain present at the time of execution of the commission. Learned counsels appearing for respondent Nos. 1 to 3 assure that they will co- ordinate with the concerned officer(s) to ensure their presence.
The LC shall take photographs/video of the subject property to ascertain the status of construction. The petitioner shall make all necessary arrangements for the same at his own cost and expense.
7. It is further directed that Respondents shall co-operate in the execution of the commission. The Commissioner shall be at liberty to seek assistance from concerned SHO, who is directed to ensure that the commission is executed in a peaceful manner. Learned counsels for the respondents, on instructions, submit that all necessary assistance to the Commissioner would be provided.
8. The fee of the Commissioner is fixed @ Rs. 1,00,000/- which shall be borne by the petitioner. The petitioner shall also bear all incidental expenses and make all necessary arrangements to enable the Commissioner to carry out the directions. The Commissioner shall submit a Report within a period of three weeks from today.
9. Application is disposed of in the above terms.
10. Copy of this order be uploaded forthwith. The parties shall act on the uploaded copy of the present order.
MANOJ KUMAR OHRI, J.
MAY 24, 2023 neelam 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 25/09/2023 at 03:20:56