Jawahar Chawla v. Municipal Corporation Of Delhi And ORS

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8041/2024, CM APPL. 33055/2024 - STAY JAWAHAR CHAWLA ..... Petitioner Through:

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

Mr. Abhinav Sharma, Adv.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 29.05.2024

O R D E R

CM APPL. 33056/2024 - Ex (Filing Certified Copy Of Annx.) Application stands allowed, subject to just exceptions. Application stands disposed of.

W.P.(C) 8041/2024 1.

The present petition raises a grievance as regards illegal demolition and unauthorized construction being carried out at the property bearing Flat No.34, Jangpura Ext., Near Erose Cinema, New Delhi-110014. 2.

Learned counsel for the petitioner contends that the demolition and the construction activities being carried out by the owner/occupier of the said property is in a haphazard manner which is damaging the adjoining property of the petitioner.

3.

It is further submitted that, consequent to the illegal demolition and unauthorized construction being carried out at the property in question, the property of the petitioner which has a common staircase with the property in 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 31/05/2024 at 12:19:56

question has developed cracks. Intensive damage to the structure of the property of the petitioner is also stated to have taken place. 4.

In view of the averments made in the present petition and submissions of the respective counsel for the parties, it is directed that the property in question viz. property bearing Flat No.34, Jangpura Ext., Near Erose Cinema, New Delhi- 110014 shall be inspected by the MCD in the presence of the petitioner within a period of one week from today. 5.

In case any demolition/construction work is found to be carried out in a manner which is unauthorised and/or which is likely to cause damage to the adjoining property of the petitioner, MCD shall take immediate steps to notify the concerned owner/occupier of the property and ensure that the remedial steps are taken in this regard.

6.

In case any unauthorised construction is being carried out, MCD shall take steps to bring the same to an immediate halt, in accordance with law. 7.

The present petition is disposed of in terms of the aforesaid directions. 8.

In the case the petitioner is aggrieved with the outcome of the aforesaid exercise or if there is any deficiency in the action taken by the MCD, the petitioner shall be entitled to avail appropriate remedies in accordance with law.

9.

All the pending application/s also stand disposed of. SACHIN DATTA, J MAY 29, 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 31/05/2024 at 12:19:56