Ram Chander Dhankar v. Govt. Of NCT Of Delhi And ORS

$~125 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7882/2024 RAM CHANDER DHANKAR ..... Petitioner Through:

Mr. Mayank Arora, Mr. Ajatshatru Singh Rawat and Mr. Maanish Mohan Choudhary, Advs.

versus GOVT. OF NCT OF DELHI AND ORS ..... Respondents Through:

Mr. Hirein Sharma, SC and Mr. A.

Gupta, Adv. for MCD.

Ms. Prashansa Sharma and Mr. Arun Panwar, Adv. for Mr. Santosh Kumar Tripathi, SC for R-1 and 10.

Ms. Mrinalini Sen Gupta and Mr.

Gurdas Khurana, Advs. for R-8.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 28.05.2024

O R D E R

CM APPL.32612/2024 (Exemption) Allowed, subject to all just exceptions.

Application stands disposed of.

W.P.(C) 7882/2024 and CM APPL.32611/2024 (Stay) 1.

The present petition has been filed by the petitioner raising a grievance as regards the alleged unauthorized construction at property bearing Plot No.B-29, Road No.11, Vasant Kunj Enclave, New Delhi-110070. 2.

Learned counsel for MCD, who appears on advance notice states, on instructions, that a notice under Section 344 (1) and 343 of DMC Act has been issued qua the unauthorized construction on 07.05.2024. He submits that 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 30/05/2024 at 12:24:10

further action in accordance with law shall be taken expeditiously to remove/demolish the unauthorized construction in question. 3.

The above statement on behalf of the MCD is taken on record. Let the requisite action be taken by the MCD expeditiously, and in any event, within a period of four weeks from today.

4.

In view of the aforesaid, no further orders are required to be passed in the present petition. The same is accordingly, disposed of. 5.

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

6.

The present petition, along with pending application/s, is disposed of in the above terms.

SACHIN DATTA, J MAY 28, 2024/cl 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 30/05/2024 at 12:24:10