Delhi High Court - Orders
Vijay Sharma vs Mukesh Arora And Anr on 17 May, 2023
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4645/2023 and CM APPL. 17917/2023 (stay)
VIJAY SHARMA ..... Petitioner
Through: Mr. Vineet Jain, Advocate
versus
MUKESH ARORA AND ANR. ..... Respondents
Through: Mr. Pritish Sabharwal, Advocate for
MCD
Mr. Arun Panwar, Advocate for respondent No.3
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 17.05.2023
1. In compliance of the last order, the petitioner has filed the affidavit thereby stating that he has filed two similar cases bearing W.P.(C) 12946/2022 tilted as Vijay Sharma v. Parvesh Mittal & Ors. and CS No.1594/2022 tilted as Vijay Sharma v. Parvesh Mittal & Ors.
2. The Status Report has been handed over in Court today. The same is taken on record which reads as under:-
"3. That it is respectfully submitted that as per record on inspection by the field officials on 18.05.2022 it was noticed that unauthorized construction in the shape of entire ground floor to fourth floor with projection on municipal land of the property bearing no.4694 to 4698, Charkhewalan, Ballimaran, Delhi has been carried out by the owners and as such the same was booked under section 343 and 344 of the DMC vide file no.91/90-N/B/UC/EE(B)-I/CSPZ/2022 dated 18.05.2022. A show cause notice dated 18.05.2022 was issued to the 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 11:11:11 owner/occupier to show cause as to why demolition order in respect of aforesaid unauthorized construction be not passed. It is submitted that after following the due process of law demolition order no.D-508/AE(B)-I/CSPZ/2022 dated 11.07.2022 was passed by the Quasi Judicial Authority thereby directing the noticee to demolish the unauthorized construction in the shape of entire ground floor to fourth floor with projection on municipal land within 06 days failing which action shall be taken by the department at their risk and cost. A copy demolition order dated 11.07.2022 is annexed herewith as Annexure-A.
4. It is submitted that during inspection on 15.02.2023 it was noticed that the property in question has been occupied illegally and as such a vacation notice no.D/AE(B)- I/CSPZ/2023/1510 dated 15.02.2023 under section 349 of the DMC Act has been issued to the Owners/Occupiers to vacate the property as well as copy of SHO P.S. Hauz Qazi with request get the property vacated so that action may be taken. A copy of said vacation notice dated 15.02.2023 is annexed herewith as Annexure-B. It is submitted that a lock breaking notice no.D/EE(B)-I/CSPZ/2023/504 dated 16.02.2023 under section 435 of the DMC Act was also issued. A copy of lock breaking notice dated 16.02.2023 is annexed herewith as Annexure-C.
5. That it is respectfully submitted that the MCD had planned demolition action in this property on 02.03.2023, but action could not be taken due to shortage of time. Another demolition action was planned and taken on 17.04.2023. In this action, the roof slab upon fourth floor and internal brick work was demolished. Photographs showing demolition action taken in the property in question are 2021 annexed herewith as Annexure-D(Colly). MCD had further planned demolition actions in this property on 22.04.2023 & 02.05.2023, but action could not be taken due to shortage of time. MCD had also issued a watch and ward notice to the SHO P.S. Hauz Qazi vide no.D/AE(B)-I/CSPZ/2023/70 dated 18.04.2023.
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 11:11:11
6. That it is respectfully submitted that as per record on further inspection by the field officials on 17.04.2023 it was noticed that further unauthorized construction in the shape of fifth floor (Partly) of the property bearing no.4694 to 4698, Charkhewalan, Ballimaran, Delhi has been carried out by the owners and as such the same was booked under section 343 & 344 of the DMC vide file no.77/79/B/UC/EE(B)-I/CSPZ/2023 dated 17.04.2023. A show cause notice dated 17.04.2023 was issued to the owner/builder to show cause as to why demolition order in respect of aforesaid unauthorized construction be not passed. It is submitted that after following the due process of law demolition order no.77/79/B/UC/EE(B)-I/CSPZ/2023 dated 03.05.2023 was passed by the Quasi Judicial Authority thereby directing the noticee to demolish the unauthorized construction in the shape of fifth floor (partly) within 06 days failing which action shall be taken by the department at their risk and cost. A copy demolition order dated 03.05.2023 is annexed herewith as Annexure-E.
7. That it is respectfully submitted that as per record on inspection by the field officials on 09.02.2017 it was noticed that unauthorized construction in the shape of fourth floor (Partly) of the property bearing no.4705, Phatak Barwala, Charkhewalan, Hauz Qazi, Delhi belonging to the petitioner has been carried out by the owners and as such the same was booked under section 343 & 344 of the DMC vide file no.39/86/UC/EE(B)- I/CZ/2017 dated 09.02.2017. A show cause notice dated 09.02.2017 was issued to Sh. Vijay/owner/builder to show cause as to why demolition order in respect of aforesaid nauthorized construction be not passed. It is submitted hat after following the due process of law demolition order was passed by the Quasi Judicial Authority thereby directing the noticee to demolish the unauthorized construction in the shape of fourth floor (partly) within 06 days failing which action shall be taken by the department at their risk and cost. It is respectfully submitted that the MCD had planned and taken a demolition on 13.09.2018. In this action, 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 11:11:11 one room of each of the 03 small flats having two rooms was demolished and made totally unusable. Complete action could not be taken as the property was found occupied. It is submitted that during inspection on 12.04.2023, it was noticed that the property in question has been occupied illegally and as such a vacation notice no.D/AE(B)-I/CSPZ/2023/48 dated 12.04.2023 under section 349 of the DMC Act has been issued to the Owners/Occupiers to vacate the property as well as copy of SHO P.S. Hauz Qazi with request get the property vacated so that action may be taken. A copy of said vacation notice dated 12.04.2023 is annexed herewith as Annexure-F. It is respectfully submitted that the MCD had further planned and taken another demolition on 17.04.2023. In this action, roof slabs of one room at fourth floor was demolished/punctured. Complete action could not be taken as the property was found occupied. MCD had further planned demolition actions in this property on 28.04.2023, but action could not be taken due to shortage of time."
3. Learned counsel for the MCD submits that further demolition action would be taken expeditiously and in accordance with law.
4. In view of the above, the present petition is disposed of alongwith the pending application with a direction that needful action be taken expeditiously and in accordance with law, preferably within a period of four months from today.
5. The concerned A.E. (Building) shall ensure that the action is taken in entirety after putting the owner/occupier with due notice who shall be at liberty to seek remedy as may be available under law.
6. Let a copy of this order be placed before the Dy. Commissioner, MCD of the concerned Zone for necessary compliance.
MANOJ KUMAR OHRI, J MAY 17, 2023/na 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 11:11:11