Raj Kumar v. Municipal Corporation Of Delhi And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9523/2024 & CM APPL. 39061/2024 RAJ KUMAR .....Petitioner Through:

Mr. Nagender Vashisht and Mr. Atul Varma, Advocates versus MUNICIPAL CORPORATION OF DELHI AND ORS .....Respondents Through:

Ms.

Nazia Parveen, Advocate (through video conferencing) for Mr.

Sanjeev Sagar and Mr. Vikas Sharma, Mr.

Shivam, Mr.

Krishan Pal Chauahn, Mr. Girish Kumar Gar, Mr.

Praveen Kumar, Mr. Achyut Dwivedi, Ms.

Sonam Saini and Mr.

Nitin Advocates for MCD.

Mr.

Divyam Nandra, Standing counsel for GNCTD with Mr. Fateh Singh Bhullar, Advocate for respondent No.2-Delhi Police.

Ms.

Shobhana Takiar, Standing Counsel for DDA with Mr. Kuljeet Singh, Advocate.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 15.07.2024 1.

Present writ petition has been filed by one Mr. Raj Kumar seeking demolition of unauthorised construction allegedly carried out by respondent No.3 in the properties mentioned in prayer clause 'A'. 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 18/07/2024 at 12:10:01

2.

Learned counsel for petitioner states that respondent is carrying out illegal and unauthorised construction at the subject properties in connivance with officials of respondents No.1 and 2. He further states that respondent No.3 has encroached upon public land. He points out that the petitioner has made representations dated 12th February, 2024 and 10th April, 2024 to Commissioner, MCD and Chairman, STF, but no action has been taken. 3.

Learned counsel for MCD, who appears on advance notice, states that partial demolition action has been taken in two of the nine properties mentioned by the petitioner.

4.

Keeping in view the fact that a representation has already been made to the Chairman, STF, this Court disposes of the present writ petition with a direction to the Chairman, STF, to ensure that appropriate action is taken in accordance with law on the petitioner's representation dated 10th April, 2024 (attached as Annexure-P2 to the present writ petition), as expeditiously as possible.

5.

It is pertinent to mention that the present order has been passed in the presence of learned counsel for Chairman, STF. It is however clarified that the MCD is at liberty to proceed ahead with demolition action in accordance with law.

ACTING CHIEF JUSTICE TUSHAR RAO GEDELA, J JULY 15, 2024 js 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 18/07/2024 at 12:10:01