Suneet Dargan & ANR. v. Delhi Development Authority And ORS

$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11809/2024 SUNEET DARGAN & ANR.

.....Petitioners Through:

Mr. Kunal Bhatia and Mr.

Akshy Kumar, Advs.

versus DELHI DEVELOPMENT AUTHORITY AND ORS .....Respondents Through:

Mr. Tushar Sannu and Mr.

Shobhan Sachdeva and Mr.

Hardik Saxena, Advs. for R1/DDA Ms. Gouri Karuna Mohanti, Adv. for R-2/MCD

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 28.08.2024 CM APPL. 49120/2024 (Ex.) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

W.P.(C) 11809/2024 3.

The petitioners are invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, for a direction to respondents No. 1 and 2, i.e., DDA and MCD respectively, for taking appropriate directions against the illegal and unauthorized construction in the property in question, carried out by respondents No. 3 to 9.

4.

Learned counsel for DDA as well as learned counsel for MCD, are present on advance notice.

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 30/08/2024 at 12:59:00

5.

The grievance of the petitioner is that the respondents No. 3 to 9 of who are residing/occupying Flats Nos. 165, 48, 75, 61,14,162, 62 of Evergreen CGHS Ltd., Sector-7, Dwarka, New Delhi respectively, have started carrying out illegal and unauthorized constructions without any approved sanction plan from respondents No. 1 and 2. Hence, action is sought to be taken against them. 6.

Learned counsel for respondent No.1 submits that the President as well as the Present Secretary of the Society besides the owners/occupants of the aforesaid flats have been issued notice under Sections 31(1) as well as 31A of The Delhi Development Authority Act, 1957 with directions to appear by way of last and final hearing before the Competent Authority i.e. Deputy Director of Building on 09.09.2024 between 03:00 PM to 04:30 PM. It is assured that appropriate action shall be taken against any illegal and unauthorized construction found at the site.

7.

In view of the aforesaid statement made by learned counsel for the respondent No.1/DDA, the present writ petition is disposed of with the directions to the respondents no.1 and 2 to take appropriate action in accordance with law within a period of six weeks and after hearing the parties, pass a reasoned order. The said order be also shared with the petitioner.

8.

The present writ petition is disposed of accordingly. DHARMESH SHARMA, J.

AUGUST 28, 2024 sp 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 30/08/2024 at 12:59:00