Desh Raj Singh v. Muncipal Corporation Of Delhi And ORS.

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2205/2025 DESH RAJ SINGH .....Petitioner Through:

Mr.

Jasbir Singh Malik and Ms.Rhythm Bharadwaj, Advocates.

versus MUNCIPAL CORPORATION OF DELHI AND ORS.

.....Respondents Through:

Ms. Harita Mehta, Advocate for Respondent No.1/MCD.

Mr. Pradeep Kumar Jha, SPC with SI Sanjay Dahiya, PS: Mehrauli, for Respondents No.2 and 3/UOI.

Mr. Manish Srivastava, Mr. Moksh Arora and Mr.Santosh Ramdurg, Advocates for Respondent No.4/BSES-RPL.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 24.02.2025 CM APPL. 10383/2025 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(C) 2205/2025 and CM APPL.10382/2025 3.

This writ petition is preferred on behalf of the Petitioner under Article 226 of Constitution of India seeking the following reliefs: "a. Issue an appropriate order, direction or writ in the nature of mandamus directing the respondent no.

1-MCD, its officers, administrator, representatives, etc. to demolish the illegal & unauthorized construction being raised by respondent no.5 and 6 in collaboration and in collusion with respondent no.7 without sanction plan, and in violation of building bye-laws and the provisions of Delhi Municipal Corporation Act, 1957, over subject property measuring 2 Bigha 16 Biswa in Khasra No.252 min at Village Said-Ul-Ajaib, Tehsil Mehrauli, New Delhi; and W.P.(C) 2205/2025 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 28/02/2025 at 12:43:59

b. Issue an appropriate order, direction or writ in the nature of mandamus directing the respondent no.4-BSES not to give the electricity connection to the respondent no.5- Smt. Veenu Kochhar qua the subject property; and c. Issue an appropriate order, direction or writ in the nature of mandamus to take action against all erring officials/officials involved for raising illegal and unauthorized construction over the subject property; and d. Issue an appropriate order and directions or writ in the nature of mandamus directing the respondent nos. 1-3 to ensure that in future, the building is not constructed unless the map is sanctioned by MCD in accordance with law; and e. Also issue any other appropriate writ or direction as this Hon'ble Court may deem fit and proper in the facts & circumstances of the case. f. Cost of the proceedings may be awarded in favor of the petitioner and against the respondents."

4.

After canvassing some arguments, learned counsel for Petitioner, on instructions, seeks to withdraw this writ petition to file a complaint before the Special Task Force ('STF') constituted by the Delhi Development Authority vide Notification dated 25.04.2018 in view of the 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.

5.

Writ petition is disposed of as withdrawn with liberty as prayed for in accordance with law making it clear that this Court has neither entered into nor expressed any opinion on the merits of the case. 6.

Pending application also stands disposed of.

JYOTI SINGH, J FEBRUARY 24, 2025 B.S. Rohella W.P.(C) 2205/2025 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 28/02/2025 at 12:43:59