Sh. Binod Choubey v. Mcd Through Commissioner & ORS.
$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 544/2025 SH. BINOD CHOUBEY .....Petitioner Through:
Mr. Vishal Bansal, Advocate.
versus MCD THROUGH COMMISSIONER & ORS.
.....Respondents Through:
Mr. Umakant Mishra, Additional Standing Counsel with Mr. Rajat Jain, Advocate for R-1 and R-3.
Mr. Kavindra Gill, Senior Panel Counsel for UOI/R-2.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 16.01.2025 CM APPL. 2481/2025 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
W.P.(C) 544/2025 & CM APPL. 2482/2025 3.
This writ petition is preferred on behalf of the Petitioner under Article 226 of the Constitution of India seeking the following relief:- "(a) issue a writ of mandamus, writ of prohibition and any other writ, order or directions thereby directing the respondents to perform its statutory duties and to take appropriate legal action against the illegal, unauthorized construction, encroachment on road and cattle rearing in respect of the entire property bearing No. E-1 , GALI NO. 1 WEST VINOD NAGAR DELHI - 110092 under the law by sealing, demolition and taking appropriate actions as per law; further direct the respondent no. 1 , 2 and 3 to take appropriate action against the misuse of the above mentioned premises."
W.P.(C) 544/2025 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 24/01/2025 at 14:55:38
4.
Learned counsel for the MCD, appearing on advance copy of the writ petition, submits that premises in question has been inspected and there is no unauthorized construction. He further submits that only some stray cattle were found in the premises and necessary action will be taken by the Veterinary Department, GNCTD.
5.
No further order is required to be passed.
6.
Writ petition is disposed of along with pending application in the aforesaid terms.
7.
Needless to state if Petitioner has surviving grievance, he will be at liberty to approach the Special Task Force ('STF'), constituted vide orders of the Supreme Court in M.C. Mehta v. Union of India and Others, (2019) 12 SCC 730 and M.C. Mehta v. Union of India and Others (Sealing Issue, in Re), (2019) 12 SCC 419 JYOTI SINGH, J JANUARY 16, 2025/shivam W.P.(C) 544/2025 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 24/01/2025 at 14:55:38