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High Court of DelhiW.P.(C)/2027/2025

Karan Pal Singh v. Municipal Corporation Of Delhi And ORS

2025-02-17Hon'Ble Ms. Justice Jyoti Singh2 pages

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2027/2025 KARAN PAL SINGH .....Petitioner Through:

Ms. Parun Agarwal, Advocate.

versus MUNICIPAL CORPORATION OF DELHI AND ORS .....Respondents Through:

Mr. Nikhil Palli, Advocate for R1.

Ms. Shobhana Takiar, Standing Counsel and Mr. Kuljeet Singh, Advocate for R2.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 17.02.2025 1.

This writ petition is preferred on behalf of the Petitioner seeking the following reliefs:

"1.

Issue a writ of mandamus or other suitable writ under Article 226 of the Constitution of India directing the Respondent no. l to seal the suit property i.e. Flat No. 20, Flat No.1, Flat No. 5, Flat No.8, Flat No.10, Flat No.23, Flat No. 31, Flat No. 34, Flat No.37, Flat No.43, Flat No.46, Flat No.49, all flats situated at Srinivaspuri Mitra Mandal Co-Op. Group Housing society Ltd. Mitra Vihar, Saraswati Vihar, Pitampura, Delhi110034 and subsequently demolish the same which is illegal and unauthotízed, as per there statutory duty.

2.

Issue a writ of mandamus or other suitable writ under Article 226 of the constitution of India directing the Respondent no.1 and 2 to take steps to restrain Respondent no.3 to 4 from raising further illegal construction at Flat No. 20, Flat No. 1, Flat No. 5, Flat No.8, Flat No.10, Flat No. 23, Flat No. 31, Flat No.34, Flat No.37, Flat No. 43, Flat No. 46, Flat No.49, all flats situated at Srinivaspuri Mitra Mandal Co-Op. Group Housing Society Ltd. Mitra vihar, Saraswati Vihar,Pitampura, Delhi110034" W.P.(C) 2027/2025 Page 1 of 2 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 24/02/2025 at 14:00:44

2.

Learned counsel appearing for the Petitioner submits that prior to filing of this writ petition, Petitioner approached the Special Task Force ('STF') constituted under 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, however, till date, no action has been taken into his complaint, constraining the Petitioner to file this writ petition. In support of this plea, learned counsel draws the attention of the Court to Annexure P-2, which is a complaint addressed to MCD with copy to Chairman, STF.

3.

Issue notice.

4.

Learned counsels, as above, accept notice on behalf of the respective Respondents.

5.

Ms. Shobhna Takiar, learned counsel appearing on behalf of Respondent No.2/STF submits that there is a procedure prescribed for making a complaint to STF through an online portal and till date as per her instructions, no complaint has been received from the Petitioner in connection with the property which is the subject matter of this writ petition. As soon as a complaint is received, necessary action will be taken as warranted in the facts of this case and in accordance with law. 6.

This writ petition is accordingly disposed of, granting liberty to the Petitioner to make a complaint to STF ventilating his grievances, on the online portal of STF as per prescribed procedure. As soon as the complaint is received, STF will examine the same in the next meeting, as scheduled and in accordance with law.

JYOTI SINGH, J FEBRUARY 17, 2025/jg W.P.(C) 2027/2025 Page 2 of 2 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 24/02/2025 at 14:00:44