Delhi High Court - Orders
Vineet Singh Hanspaul vs South Delhi Municipal Corporation Of ... on 12 October, 2022
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10798/2019, CM APPL. 44610/2019,
CM APPL. 44611/2019, CM APPL. 50266/2019,
CM APPL. 2073/2020 and CM APPL. 7104/2020
VINEET SINGH HANSPAUL ..... Petitioner
Through: None
versus
SOUTH DELHI MUNICIPAL CORPORATION OF DELHI & ORS
..... Respondents
Through: Mr. Amit Singh Chauhan and
Mr. Siddhant Agarwal, Advocates for respondent
No.1/MCD
Mr. Biraja Mahapatra and Mr. Shubhankar,
Advocates for respondent No.2
Mr. Sunil Fernandes, Standing Counsel with
Mr. Shubham Sharma and Ms. Muskan Surana,
Advocates
Mr. Mukesh Kumar, Advocate for CPCB
Ms. Sangeeta Bharti, Standing Counsel for DJB
Mr. Parminder Singh Goindi, Advocate for
respondents No.12 and 13
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 12.10.2022
1. Present none for the petitioner.
2. It is noted that even on the last date of hearing, the petitioner remained unrepresented.
3. A perusal of the petition would show that the petitioner has sought directions with respect to bore-wells/tube-wells stated to be unauthorisedly constructed in properties bearing No. B-1/152, B-1/107, B-1/108, B-1/109, Digitally Signed By:SANGEETA ANAND Signing Date:13.10.2022 12:44:10 Janakpuri, New Delhi (hereinafter, referred to as the 'subject properties'). The petitioner has also sought directions to stop the private respondents from raising any further unauthorized construction at the subject properties.
4. Multiple Status Reports have been placed on record on behalf of the respondents/Corporation. The last Status Report placed on record on 16.10.2020 reads as under:-
"2. That the deponent being aware of the facts of the case and on the basis of record available in the office and having read and understood the contents of the aforesaid Writ Petition, is competent to depose by way of the present status report in my official capacity as stated above.
(i) B-1/107, Janakpuri, New Delhi.
That as per record maintained by the building department, West Zone, SDMC the said property was sanctioned vide ID No. 10056280 dated 26/11/2018 and during course of construction it was booked for unauthorised construction, which was later on regularised. Thereafter it was again booked for unauthorised construction vide file No. EE(B)-l/WZ/UC/20/63 dated 20.02.2020 in the shape of deviations against Regularisation plan No. (62/EE(B)-I/Reg./WZ/19 dated 15.11.2019 i.e. excess coverage from stilt floor to third floor and terrace floor. Consequently, a show cause notice under section 343/344 of the DMC Act was issued and served to Sh. Vinod Kumar Bali & others on 20.02.2020. A reply was received from Shri Vinod Kumar Bali, owner /occupier on 28.02.2020 stating therein that they are ready to rectify the excess coverage (if any). Further he has requested for personal hearing in the matter. Accordingly, his request was acceded to and opportunity for personal hearing was granted to him. It was informed by the owner/occupier that the minor deviations existing in the property have been removed, which was also verified by the then Junior Engineer (Bldg.) after site inspection vide his report dated 18.06.2020 and he further reported that the property is as Digitally Signed By:SANGEETA ANAND Signing Date:13.10.2022 12:44:10 per regularization plan issued by the department. Accordingly the personal hearing was granted to him and thereafter a speaking order was passed by the department u/s 343 of DMC Act, 1957 vide NO. 08/EE(B)-I/WZ/2020 Dated 27.08.2020. Copy of the speaking order dated 27.08.2020 is annexed herewith as Annexure-'A'.
(ii) B-1/108, Janakpuri, New Delhi.
That as per record maintained by the building department, West Zone, SDMC the said property was sanctioned vide ID No. 10056850 dated 12/12/2018 and during course of construction it was booked for unauthorised construction, which was later on regularised. Thereafter it was again booked for unauthorised construction vide file No. EE(B)-I/WZ/UC/20/64 dated 20.02.2020 in the shape of deviations against Regularisation plan No. (63/EE(B)-I/Reg./WZ/19 dated 15.11.2019 i.e. excess coverage from stilt floor to third floor and terrace floor. Consequently show cause notice under section 343/344 of the DMC Act was issued and served to the Sh. Gurbax Singh on 20.02.2020. A reply was received from Shri Gurbax Singh, owners /occupiers on 28.02.2020 stating therein that the property was regularized vide file No. 63 dated 15.11.2019 and they are ready to rectify the excess coverage (if any). Further he has requested for personal hearing in the matter. Accordingly, his request was acceded to and opportunity for personal hearing was granted to him. It was informed by the owner /occupier that the minor deviations existing in the property have been removed, which was also verified by the then Junior Engineer (Bldg.) after site inspection vide his report dated 18.06.2020 and he further reported that the property is as per regularization plan issued by the department. Accordingly the personal hearing was granted to him and thereafter a speaking order was passed by the department u/s 343 of DMC Act, 1957 vide NO. 10/EE(B)-I/WZ/2020 Dated 27.08.2020. Copy of the speaking order dated 27.08.2020 is annexed herewith as Annexure-'B'.
Digitally Signed By:SANGEETA ANAND Signing Date:13.10.2022 12:44:10
(iii). B-1/109, Janakpuri, New Delhi.
That as per record maintained by the building department, West Zone, SDMC the said property was sanctioned vide ID No. 10055051 dated 23/10/2018 and during course of construction it was booked for unauthorized construction, which was later on regularised. Thereafter it was again booked for unauthorised construction vide file No. EE(B)-I/WZ/UC/20/65 dated 20.02.2020 in the shape of deviations against Regularisation plan No. (64/EE(B)-I/Reg./WZ/19 dated 15.11.2019 i.e. excess coverage from stilt floor to third floor and terrace floor. Consequently, a show cause notice under section 343/344 of the DMC Act was issued and served to the Shri Jagtar Singh on 20.02.2020. A reply was received from Shri Jagtar Singh, owners /occupiers on 28.02.2020 stating therein that they are ready to rectify the excess coverage (if any). Further he has requested for personal hearing in the matter. Accordingly, his request was acceded to and opportunity for personal hearing was granted to him. It was informed by the owner /occupier that the minor deviations existing in the property have been removed, which was also verified by the then Junior Engineer (Bldg.) after site inspection vide his report dated 18.06.2020 and he further reported that the property is as per regularization plan issued by the department. Accordingly the personal hearing was granted to him and thereafter a speaking order was passed by the department u/s 343 of DMC Act, 1957 vide NO. 07/EE(B)-I/WZ/2020 Dated 27.08.2020. Copy of the speaking order dated 27.08.2020 is annexed herewith as Annexure-'C'.
(iii) B-1/152, Janakpuri, New Delhi.
That as per record maintained by the building department, West Zone, SDMC the said property was sanctioned vide ID No. 10059952 dated 25/02/2019 and during course of construction it was booked for unauthorised construction, which was later on regularised. Thereafter it was again booked for unauthorised construction vide file No. EE(B)-I/WZ/UC/20/66 dated Digitally Signed By:SANGEETA ANAND Signing Date:13.10.2022 12:44:10 20.02.2020 in the shape of deviations against Regularisation plan No. (67/EE(B)-I/Reg./WZ/19 dated 28.11.2019 i.e. excess coverage from stilt floor to second floor and terrace floor. Consequently, a show cause notice under section 343/344 of the DMC Act was issued and served to the Sh. Satish Solanki on 20.02.2020. A reply was received from Sh. Satish Solanki, owners /occupiers on 28.02.2020 stating therein that they are ready to rectify the excess coverage (if any). Further he has requested for personal hearing in the matter. Accordingly, his request was acceded to and opportunity for personal hearing was granted to him. It was informed by the owner /occupier that the minor deviations existing in the property have been removed, which was also verified by the then Junior Engineer (Bldg.) after site inspection vide his report dated 18.06.2020 and he further reported that the property is as per regularization plan issued by the department. Accordingly the personal hearing was granted to him and thereafter a speaking order was passed by the department u/s 343 of DMC Act, 1957 vide NO. 09/EE(B)-I/WZ/2020 Dated 27.08.2020. Copy of the speaking order dated 27.08:2020 is annexed herewith as Annexure-'D'."
5. Alongwith the Status Report, copy of the speaking order has also been placed on record, as per which after removal of the deviation, the properties are stated to have been regularized. In view of the same, the case for unauthorized construction/deviation was closed.
6. Learned counsel for MCD submits that in view of the above, no cause of action survives. Accordingly, the present petition is disposed of with a direction that the official respondents would continue to ensure that no further construction is carried out at any of the subject properties, unless in accordance with law.
MANOJ KUMAR OHRI, J OCTOBER 12, 2022/na Digitally Signed By:SANGEETA ANAND Signing Date:13.10.2022 12:44:10