Fasal v. Dy. Commissioner, Municipal Cororation Of Delhi And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7523/2024 & CM APPL. 31334/2024 FASAL ..... Petitioner Through:

Mr. Shakeel Abbas and Mr. Shakil Sheikh, Advocates versus DY. COMMISSIONER, MUNICIPAL CORORATION OF DELHI AND ORS.

..... Respondents Through:

Mr. Ajjay Aroraa, Mr. Kapil Dutta, Mr. Vansh Luthra and Ms. Simran Arora, Advocates for MCD Mr. Arun Panwar, Advocate for R-3 & R-4 Mr.

Kuldeep Narwal, AE, South Zone, MCD.

S.I. Lal Chand, P.S. Vasant Kunj South

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 24.05.2024 CM APPL. 31335/2024 (for exemption) Allowed, subject to all just exceptions.

Accordingly, the present application stands disposed of. W.P.(C) 7523/2024 & CM APPL. 31334/2024 1.

Present public interest petition has been filed seeking a direction to the Respondent Nos. 1 to 4 to demolish the illegal and unauthorized construction being carried out by Respondent No. 5 at Property No. AZ-66, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Bhawani Kunj, Behind Sector-D-II, Vasant Kunj, New Delhi-110070. 2.

Learned counsel for the Petitioner states that Respondent No. 5 is the builder/owner of the aforementioned property and has been carrying out illegal and unauthorized construction at the said property in violation of building bye-laws. He points out that Respondent No. 5 had demolished the old structure and had started raising an illegal and unauthorized multistoried structure at the said property without obtaining any sanction or prior permission. He also states that Respondent No. 5 has dumped building material such as bricks, debris, cement, sand etc. in the lane, which causes air pollution and inconvenience to the public at large. 3.

Learned counsel for Respondent No. 1 states that the property in question is not AZ-66, Bhawani Kunj but RZ-84/8, Bhawani Kunj. He admits that the construction in question is illegal and without any prior permission or sanction. He states that demolition action qua the aforesaid property has been scheduled for 3rd June, 2024. He assures and undertakes to this Court that strict action in accordance with law shall be taken. 4.

It is directed that as and when the police force is asked for by the MCD, the same shall be supplied by the Delhi Police. 5.

This Court is of the opinion that if Delhi Municipal Corporation itself admits that the property in question is illegal and unauthorised, it is not understood as to how the same was allowed to be constructed. The Commissioner, MCD is directed to ensure that action is taken against the erring officials, who permitted unauthorised construction at such a large scale.

6.

With the aforesaid directions, the present writ petition stands disposed of. Let an action taken report be filed on or before 2nd July, 2024 by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Respondent No. 1 as well as Respondent No. 3 through SHO Vasant Kunj, South.

7.

List on 5th July, 2024 for compliance.

ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J MAY 24, 2024/rhc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.