Delhi High Court - Orders
Pushpanjali Farm Owners And Residents ... vs Municipal Corporation Of Delhi & Ors on 14 November, 2024
Author: Prateek Jalan
Bench: Prateek Jalan
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11127/2024
PUSHPANJALI FARM OWNERS AND RESIDENTS
ASSOCIATION .....Petitioner
Through: Ms. Smiti Verma, Ms. Beleena
Biju and Mr. Aryan Shanker,
Advocates.
versus
MUNICIPAL CORPORATION OF DELHI
& ORS. .....Respondents
Through: Mr. Ashutosh Gupta, ASC with
Mr. Arman Monga, Advocate for
MCD.
Mr. Roopansh Purohit and Mr.
Harsh Panwar, Advocates for R-4.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 14.11.2024 CM APPL. 66660/2024 (for directions)
1. The captioned writ petition has been filed under Article 226 of the Constitution, by the Pushpanjali Farm Owners and Residents Association with regard to alleged illegal construction in farmhouse No. G-7, owned by respondent No. 4, and farmhouse No. F-24, owned by respondent Nos. 5 and 6. The present application has been filed by respondent No. 4, who is admittedly the owner of farmhouse No. G-7. Permission is sought for holding of certain marriage functions of the applicant's son in farmhouse No. G-7 from 25.11.2024 to 28.11.2024.
2. I have heard learned counsel for the applicant, learned counsel for the writ petitioner, and learned counsel for the Municipal Corporation of Delhi ["MCD"].
W.P.(C) 11127/2024 Page 1 of 3This 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 30/11/2024 at 00:03:49
3. The allegation of the writ petitioner is that the owners have leased the two properties to a common lessee, who is constructing a large wedding hall on both the plots by removing the boundary wall, and using the property as a consolidated wedding venue, measuring approximately 6 acres. It is contended that the proposed construction is unauthorised.
4. The Court has passed interim orders in the writ petition on 02.09.2024, 05.09.2024 and 11.11.2024. By order dated 11.11.2024, the Court inter alia noted that MCD has issued an order dated 01.10.2024 recording the conclusion that the structure was being constructed as a temporary structure and withdrawing the show cause notices issued to it. Upon perusal of the order dated 01.10.2024, it is clear that the order pertains to property No. F-24 on which the structure was being constructed.
5. This position is also evident from the status report dated 02.09.2024 filed by MCD. It is stated therein that the wall between the two properties has been demolished and construction was found to be ongoing in farmhouse No. F-24. As far as farmhouse No. G-7 is concerned, the construction thereon was found to be old and occupied. However, some foundation blocks were found lying excavated and building material was also found, with regard to which MCD issued a notice to the concerned Station House Officer for necessary action.
6. It is stated in the present application that the applicant has constructed a farmhouse on the said property No. G-7 in the year 1990, in respect of which a completion certificate was issued by MCD on 25.01.1990. The property has been leased out by a lease deed dated 15.04.2024, but the lease deed provides for use of the premises by the W.P.(C) 11127/2024 Page 2 of 3 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 30/11/2024 at 00:03:49 owner of the premises once in each calendar year. The applicant states that his son is getting married on 27.11.2024. A copy of the wedding card has also been annexed to the application.
7. Learned counsel for the respondent No. 4-applicant confirms that no structure is being erected on property No. G-7, other than the farmhouse which is the subject matter of the completion certificate dated 25.01.1990. He states that the marriage is also not to be performed at the said location, but certain wedding related functions are to be held in the premises. The applicant proposes only to use property No. G-7, and will not use property No. F-24, or any structure erected thereupon.
8. Having regard to the aforesaid submissions, I am of the view that respondent No. 4 may be permitted to use property No. G-7 for this purpose from 25.11.2024 to 28.11.2024, as sought. It is so ordered.
9. It is made clear that this direction is made to obviate any unnecessary inconvenience, in view of the fact that the wedding of the son of respondent No. 4 is scheduled shortly, and that the property is not intended to be used for commercial purposes, but for wedding related functions of the owner's son himself.
10. The application is disposed of with these directions.
11. Interim orders passed by this Court are modified only to the aforesaid extent. The rights and contentions of the parties in the writ petition remain reserved.
PRATEEK JALAN, J NOVEMBER 14, 2024/MR/AL/ W.P.(C) 11127/2024 Page 3 of 3 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 30/11/2024 at 00:03:49