Arun Prabha Dube v. Municipal Corporation Of Delhi South Zone & ANR.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3142/2024&CM APPL. 12866/2024 ARUN PRABHA DUBE ..... Petitioner Through:

Mr.

Saurabh Sharma and Mr.

Ashutosh Ranjan, Advs.

versus MUNICIPAL CORPORATION OF DELHI SOUTH ZONE & ANR. ..... Respondents Through:

Mr. Ajjay Arora, SC along with Mr.

Kapil Dutta, Mr. Vansh Luthra and Mr. Simran Arora, Advs. for MCD.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

O R D E R

% 06.03.2024 1.

The present petition has been filed by the petitioner assailing a notice dated 08.02.2024, bearing No.1950/Bldg.-I/SZ/2024 issued by Asstt. Engineer (Bldg.), South Zone i.e. respondent no.2. The said notice reads as under:

"MUNICIPAL CORPORATION OF DELHI (BUILDING DEPARTMENT)-I SOUTH ZONE : GREEN PARK : NEW DELHI No. 1950/Bldg.-I/SZ/2024 Dated: 08.02.2024 Smt. Arun Prabha Dube, DDA Flat No.A-30C (1st Floor), Munirka, New Delhi.

Subject:

HEARING NOTICE (w.r.t. proceedings initiated U/s 343 & 344 of DMC Act - on account of unauthorized construction, in the shape of excess coverage/ deviations against DDA's standard plan at Flat No. A-30C (First Floor), Munirka, New Delhi) 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 11/03/2024 at 11:29:01

Reference:

File No. 10/UC/B-I/SZ/2024 dated 18.01.2024 Madam, In this particular instance, taking note of your submissions dated 29/01/2024, the department is going to extend opportunity of personal hearing for 16/02/2024 at 03.30 PM, enabling to substantiate your legitimate position, with supporting documents.

It is, therefore, requested to attend the hearing proceedings, as per schedule, along with documents, in support of your contention. Astt. Engineer (Bldg.) South Zone"

2.

The aforesaid hearing notice has been issued in the background of a show cause notice under Section 344(1) and 343 of the DMC Act, having been sent to the petitioner. The same has been filed and annexed as Annexure-P2 with the present petition.

3.

Learned counsel for MCD, submits, on instructions that since there was no appearance on behalf of the petitioner on 16.02.2024, the hearing has been re-scheduled on 20.03.2024 at 02.00 PM before the concerned Asstt. Engineer (Bldg.), South Zone.

4.

In the circumstances, the present petition is disposed of with liberty to the petitioner to participate in the hearing scheduled before the concerned Asstt. Engineer (Bldg.), South Zone on 20.03.2024 at 02.00 PM. 5.

Let a reasoned order be passed by the concerned Asstt. Engineer (Bldg.), South Zone, taking into account the submissions made by the petitioner or her authorized representative during the aforesaid hearing. 6.

The present petition stands disposed of in the above terms. MARCH 6, 2024/cl SACHIN DATTA, J 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 11/03/2024 at 11:29:01