Raghunath Builders Pvt Ltd v. Municipal Corporation Of Delhi Through Commissioner & ANR.

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4988/2024 &CM APPL.20397/2024 RAGHUNATH BUILDERS PVT LTD.

..... Petitioner Through:

Mr. Ujjal Banerjee and Mr. Aaksh Khurana, Advs.

versus MUNICIPAL CORPORATION OF DELHI THROUGH COMMISSIONER & ANR.

..... Respondents Through:

Ms. Anshula L. Bakhru, Advs. for MCD.

Mr.

Karan Bhardwaj, ASC for GNCTD alongwith Mr. Shubham Singh, Adv.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 05.04.2024

O R D E R

1.

The present petition has been filed by the petitioner on the premise that property (referred to in the petition) i.e. Workers Quarters bearing No.118, 117, 116C, 116B, 116, 159, 116A, 115, 114, 113, 111, 110, 107A, 108A, 105, 109, 107, 109C, 110A, 109B, 109D, 105E, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34, 35, 36, 38, 39, 40, 41, 12, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53 situated at Jaipuria Mills Clock Tower, Sabzi Mandi, Delhi - 110007 is in a dangerous condition and immediate action is required to be taken to demolish the same so as to avert any disastrous situation/ calamity. 2.

Learned counsel for the petitioner has drawn attention to certain photographs to emphasise the precarious state of the property. 3.

A notice under Section 348 of DMC Act, 1957 is also stated to have 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 09/04/2024 at 12:46:57

been issued by the MCD in respect of the property in question, whereby it was demanded that the property in question be demolished. Learned counsel for the petitioner submits that he does not wish to contest the said notice under Section 348 of the DMC Act, 1957 and rather submits that expeditious demolition action needs to be taken qua the property in question. 4.

After some hearing, learned counsel for the petitioner submits that the present petition be directed to be treated as a representation to the MCD and a speaking order be passed thereon taking into account the averments made by the petitioner. It is directed accordingly. 5.

Let a speaking order be passed by the MCD within a period of 4 weeks from today, specifically setting out the action proposed to be taken by the MCD qua the property in question.

6.

The present petition alongwith the pending application, stands disposed of in the above terms.

SACHIN DATTA, J APRIL 5, 2024/at 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 09/04/2024 at 12:46:57