Smt. Sumitra Solanki v. Municipal Corporation Of Delhi & ORS.

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7710/2023 and CM APPL. 29802/2023 SMT. SUMITRA SOLANKI .....Petitioner Through:

Mr. Amit Gupta and Ms. Muskan Nagpal, Advocates.

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

Mr. Vikas Chopra, Standing Counsel and Ms. Anita R. Mishra, Mr. Neeraj Kumar and Ms. Khushi, Advocates with Mr. Vimal Narayan, A.E. and Mr. Vijay, J.E., Najafgarh Zone, for Respondent No.1/MCD.

Mr. Sanjay Vashishtha, Ms. Harshita Rai, Mr.Siddhartha Goswami and Ms. Gunjan Rathore, Advocates for Respondent No.2/DDA.

Mr. Bhagvan Swarup Shukla, CGSC with Mr.Satyam Singh, Advocate for Respondents No.3 and 4.

Ms. Meena Sehrawat, Advocate for Respondent No.11.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 17.02.2025 1.

By this writ petition Petitioner seeks a direction to MCD to demolish the unauthorised construction raised and being carried out in Khasra Nos.74/14/1 and 72/17 falling in the unauthorised colony called Chotiyal Palam Village, Delhi by Respondents No.6 to 11 in violation of the statutory provisions.

2.

Status report has been filed by MCD on 23.11.2023 in which it is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

brought forth as follows:- "5. That in addition to Status Report submitted by the answering Respondent before the Hon'ble Court on 01/08/2023, it is further submitted that the properties (which found under misuse) have been sealed by the answering Department in the presence of police force taken from Palam Police Station. The property-wise action taken report/status report is submitted as under:- (i) Vardaan Blue Banquet/Garden, WZ-45-B, Kh.No.72/14/17/1, Village Palam On 6/10/2023, sealing has been done at three points (one at entrance of Hall and two at entrance gate), vide Sealing File No.1050 dated 18/07/23 (ii) Vardaan Green Banquet/Garden, WZ-45-B, Kh.No.72/14/17/1, Village Palam On 6/10/2023, sealing has been done at one point of main entrance, vide Sealing File No.

1049 dated 18/07/23 (iii) Vardaan Gold (A Unit of RJS Banquets) Banquet/Garden, WZ45-B, Kh.No.72/14/17/1, Village Palam On 6/10/2023, sealing has been done at one point of main entrance (shutter), vide Sealing File No.1052 dated 18/07/23 (iv) Riyasat Banquet, WZ-109-A, Gf, Front Side, Data Ram Marg, Palam Village On 6/10/2023, sealing has been done at one point of main entrance, vide Sealing File No.1051 dated 18/07/23 (v) Grand Sapphire, Plot No. WZ117, Data Ram Marg, Palam Village, New Delhi On 6/10/2023, sealing has been done at one point of main entrance, vide Sealing File No.1048 dated 18/07/23 (vi) Honda (Bikes), WZ-45-B, Khasra No.72/14/17/1, Data Ram Marg, ChautiyalMohalla, Village Palam On 9/10/2023, sealing action has been done at two points at shutters, vide Sealing File No.

1053 dated 9/8/23 The photographs of above mentioned properties, taken while taking sealing action, are annexed herewith as Annexure-R-1/A (colly.)" 3.

Learned counsel for the Petitioner urges that the status depicted in the status report is factually incorrect. Counsel for MCD refutes this submission. In support of the status report, Mr. Vimal Narayan, Assistant Engineer and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Mr. Vijay, Junior Engineer, who have joined Court proceedings virtually submit that the status report depicts the clear position on ground and that none of the seals placed by MCD have been tampered or broken. It is also stated that the premises in question are not being used for any commercial activity and in fact, save and except, for a small portion of the subject property which is being used for residential purposes, there is no access for anyone to carry out any kind of activity.

4.

This writ petition is disposed of taking the stand of MCD on record and holding that the statements made before Court by its engineers will bind them. It shall be ensured that the status quo is not altered, save and except, in accordance with law.

5.

In case of any further grievance, it will be open to the Petitioner to take recourse to approaching the STF constituted under 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.

6.

Pending application stands disposed of.

JYOTI SINGH, J FEBRUARY 17, 2025 B.S. Rohella The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.