Priti Pal v. Municipal Corporation Of Delhi & ORS.

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 665/2025 PRITI PAL .....Petitioner Through:

Mr. Nitish Baliyan, Advocate.

versus MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through:

Mr.

Umesh Kumar Burnwal, Advocate for R1.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 20.01.2025 CM APPL. 3288/2025 1.

Exemption allowed subject to all just exceptions. 2.

Application stands disposed of.

W.P.(C) 665/2025 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 or other appropriate Writ whereby the respondent no.1 be directed to initiate an action against unauthorized construction raised by the respondent no.2 to 4 over the property bearing H.No. 232, Char Tutti Wali Gali, Teliwara, Shahdara, Delhi-110032" 4.

Issue notice.

5.

Learned counsel on behalf of Respondent No.1/MCD, appearing on advance copy of the writ petition, on instructions, submits that subject property bearing H.No. 232, Char Tutti Wali Gali, Teliwara, Shahdara, W.P.(C) 665/2025 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 27/01/2025 at 13:15:37

Delhi, was inspected on 13.01.2025 and some deviations were found from the sanction plan. Accordingly, a show-cause notice was issued to the owner/occupier of the premises/Respondent No.4 on 13.01.2025, calling upon him for a personal hearing on 03.02.2025. Learned counsel further submits that action will be taken in accordance with law after granting personal hearing to Respondent No.4 and depending on the outcome. 6.

Accordingly, this writ petition is disposed of at this stage, taking on record the stand of MCD. Needless to state any further action will be taken by MCD after personal hearing to Respondent No.4, which is scheduled for 03.02.2025 and depending on the outcome of the hearing. The action, if any, will be compliant with all statutory provisions as applicable, and in line with the judgment of the Supreme Court in In Re: Directions in the matter of demolition of structures, 2024 SCC OnLine SC 3291. In case of any surviving/further grievance, Petitioner will be at liberty to take recourse to legal remedies.

7.

This order is passed without prejudice to the rights and contentions of Respondent No. 4, who may resort to appropriate remedies in accordance with law.

JYOTI SINGH, J JANUARY 20, 2025/jg W.P.(C) 665/2025 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 27/01/2025 at 13:15:37