Shabeena v. Municipal Corporation Of Delhi & ORS.

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7672/2024 &CM APPL. 31946/2024- INT. RELIEF SHABEENA ..... Petitioner Through:

Mr. I. Ahmed, Adv. along with Mr. S.

D.Ansari, Adv. (through VC) versus MUNICIPAL CORPORATION OF DELHI & ORS. ..... Respondents Through:

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

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 27.05.2024

O R D E R

CM APPL. 31947/2024(Exemption from filing certified copies) Allowed, subject to all just exceptions.

The application stands disposed of.

W.P.(C) 7672/2024 1.

The present petition raises a grievance as regards alleged illegal and unauthorized construction being carried out at property bearing No. Block-3, DAG Ext., Back Side Petrol Pump, Zere Fasil Road, Turkman Gate, Delhi110006. 2.

Learned counsel for the MCD, who appears on advance notice, submits that the entire construction subsisting in the aforesaid property has been found to be unauthorized. Consequently, the property is stated to have been booked on 12.02.2024 and then again on 01.04.2024. 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 29/05/2024 at 11:57:11

3.

It is further stated that sealing action has also been initiated against the property in question; sealing notices are stated to have been issued which are in the process of being adjudicated. 4.

It is further submitted that part demolition action was earlier taken qua the unauthorized construction in question and that further demolition action to remove the unauthorized construction, in entirety, shall be taken expeditiously, and in any event within a period of eight weeks from today. Further, in case any unauthorized construction is ongoing, urgent steps shall be taken to bring to same to an immediate halt. 5.

The aforesaid statement made by learned counsel for the MCD is taken on record. Let requisite action in terms thereof be taken by the MCD within the timelines indicated.

6.

In view of the aforesaid statement made by the learned counsel for the MCD, no further orders are required to be passed in the present petition at this stage; the present petition is accordingly disposed of. 7.

Needless to say, in case there is any deficiency in the action taken by the MCD, the petitioner shall be entitled to take appropriate remedies in accordance with law.

8.

Let a compliance affidavit be filed by the respondent/MCD within a period of 12 weeks from today.

SACHIN DATTA, J MAY 27, 2024/r 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 29/05/2024 at 11:57:11