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High Court of DelhiW.P.(C)/7732/2024

Manoj Kumar v. Deputy Commissioner Of Mcd & ORS.

2024-05-27Hon'Ble Mr. Justice Sachin Datta2 pages

$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7732/2024, CM APPL. 32097/2024 MANOJ KUMAR ..... Petitioner Through:

Advocate (appearance not given).

versus DEPUTY COMMISSIONER OF MCD & ORS.

..... Respondents Through:

Mr.

Badar Mahmood, SC and Mr. Ammar Ahmad, Adv. for MCD.

Mr. Badar Mahmood, SC for MCD.

Mr. Arun Panwar and Ms. Prashansa Sharma, Adv. for R2.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 27.05.2024

O R D E R

1.

The present petition raises a grievance as regards illegal/unauthorised construction being raised on property bearing No.S-42 / A, Phase - 1, Budh Vihar, Delhi 110086.

2.

Learned counsel for the respondent No.1/MCD who appears on advance notice submits that the property in question has already been booked on 13.05.2024. He submits that the entire construction subsisting on the property in question is unauthorised and is without any sanctioned plan. 3.

It is submitted by the learned counsel for the respondent that further action in accordance with law shall be taken expeditiously to remove the unauthorised construction. The said statement is taken on record. 4.

Let MCD take expeditious action to remove the unauthorised construction. The concerned SHO/R-2 shall provide necessary assistance to 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 11:59:51

the MCD for the said purpose.

5.

Needless to say, any action that may be taken by the MCD shall be subject to compliance with the necessary procedural formalities and also subject to the statutory/appellate remedies of the owner/occupier of the property in question.

6.

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

7.

In view of the aforesaid, no further orders are required to be passed in the present petition and the same is accordingly disposed of. 8.

All the pending application/s also stands disposed of. SACHIN DATTA, J MAY 27, 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 29/05/2024 at 11:59:51