Smt. Qamrun Nisha v. The Commissioner Municipal Corporation Of Delhi & ORS.

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16235/2023 SMT. QAMRUN NISHA ..... Petitioner Through:

Mr. N.S. Dalal, Mr. Raja Panda and Mr. Nrusingh Patro, Advs.

versus THE COMMISSIONER MUNICIPAL CORPORATION OF DELHI & ORS.

..... Respondents Through:

Ms. Neha Jain, ASC and Ms. Anjali Sisodia, Adv. for R-1 and 2/MCD.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 10.05.2024

O R D E R

CM APPL.27995/2024 (filed on behalf of the petitioner for directions to R1, 2 and 3) 1.

The present application alleges non-compliance of the directions contained in the order dated 18.12.2023, whereby W.P.(C) 16235/2023 was disposed of. In the said order, it was inter-alia observed as under: "2. Ms. Neha Jain, learned counsel for the Municipal Corporation of Delhi ["MCD"], who appears on advance notice, submits that the subject property has been inspected and the on-going demolition has been found to be unauthorised. She states that MCD proposes to issue a stop work notice to stop the demolition work, to the owners/occupants of the subject property during the course of the day. She states that further action will be taken expeditiously in accordance with law.

3. In view of the aforesaid submissions of Ms. Jain, Mr. Ayaz Ahmed, learned counsel for the petitioner, states that no further orders are required in this writ petition, which stands disposed of alongwith pending application."

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 13/05/2024 at 11:52:22

2.

The present application avers that despite the aforesaid directions and the subsequent representation of the petitioner, requisite action has not been taken by the respondent no.1/MCD qua the unauthorized demolition/ construction work at House No.55, Hauz Rani, Malviya Nagar, New Delhi110017. 3.

Learned counsel for the MCD, who appears on advance notice, undertakes, on instructions, that the respondent no.1/MCD shall ensure that: (i) No unauthorized demolition work is carried out in the property in question.

(ii) No unauthorized construction is carried out in the property in question.

4.

In case any unauthorized construction is ongoing, MCD shall take requisite steps to bring the same to an immediate halt. 5.

With the aforesaid directions, and taking on record the statement made by learned counsel for the MCD, the present application is disposed of.

6.

Needless to say, any action that may be taken by the MCD shall be subject to the statutory/appellate remedies of the owner/occupier of the property in question.

SACHIN DATTA, J MAY 10, 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 13/05/2024 at 11:52:22