Vijay Kumar Madan v. Municipal Corporation Of Delhi And ORS

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4721/2024, CM APPL. 19302/2024 VIJAY KUMAR MADAN .....Petitioner Through:

Mr. Hinu Mahajan, Mr. Aditya Sharma, Advs.

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

Mr. Sunil Goyal (ASC for MCD) Mr. Nitin Kala, Advs.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 24.09.2024 1.

The respondent-Corporation has placed on record the status report. 2.

Paragraph nos. 3 to 7 of the status report read as under:- "3.That vide order dated 02.04.2024 this Hon'ble Court was pleased to direct the respondent/MCD to place status report on record.

4. That the property No. A-247, Jhilmil Colony, Delhi was inspected by area JE (B) on 27.03.2024 and found that walls have been raised along with column reinforcement upto 7 feet height.

5. That a work stop notice vide No. AE (B)-I/SH-N/2024/D-152 dated 27.03.2024 was issued to the SHO, PS Vivek Vihar with copy forwarded to the owner/builder requesting him to stop the work immediately. (copy of notice attached as Annexure-I).

6. That the property was inspected again on 29.04.2024 by the area JE (B) and found that no further construction has been carried out and the work has been stopped (photograph of the property attached as Annexure-II).

7. The authorized construction carried out in the property was booked vide booking file no. 72/B-I/UC/SH-N/2024 dated 29.04.2024 for unauthorized construction in the shape of raising of walls up to 7'0" 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 01/10/2024 at 11:34:58

height on Ground Floor. A Show Cause Notice vide No. 8731 dated 29.04.2024 has been sent to the owner/builder to submit his reply within 3 days as to why orders of demolition as required under section 343 of the DMC Act should not be passed in respect of the unauthorized construction already carried out (Copy of Show Cause Notice attached as Annexure-III)."

3.

It is seen that the respondent-Corporation has already initiated the action. Learned counsel for the respondent-Corporation also submits that the unauthorised construction has already been demolished on 29.08.2024. The same is bound by the stand taken in the status report. 4.

In view of the above, if the petitioner has any further grievance, he is at liberty to approach the Special Task Force constituted by the DDA vide notification dated 08.03.2019.

5.

With the aforesaid liberty, the petition stands disposed of alongwith the pending application.

PURUSHAINDRA KUMAR KAURAV, J SEPTEMBER 24, 2024/KG 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 01/10/2024 at 11:34:58