Manjesh Singh v. Special Task Force Dda & ORS.

$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12409/2024 & CM APPL. 51611/2024 MANJESH SINGH .....Petitioner Through:

Mr.Yogesh Sharma, Advocate.

versus SPECIAL TASK FORCE DDA & ORS.

.....Respondents Through:

Mr.Tushar Sannu, Advocate for DDA/R-1 with Mr.Shobhan Sachdeva and Mr.Hardik Saxena, Advocates.

Mr.Amit Tiwari, CGSC with Mr.Hussain Taqvi, GP with Mr.Rahul Bhaskar, Advocate for R-3.

Mr.Ajjay Aroraa, Mr.Kapil Dutta, Mr.Vansh Luthra, Advocates for MCD.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 05.09.2024 1.

The petitioner is invoking the writ jurisdiction of this Court seeking direction to the respondents to demolish and seal the illegal and unauthorised construction raised in the form of multi storey flats at property, House No.102, khasra No.24/13/1 min, Shanti Kunj, Vasant Kunj, Delhi without obtaining any sanction/permission from the authorities concerned.

2.

Learned counsels for the respondents No.1, 2 and 3 are present on advance notice. It appears that advance notice has not been served 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 07/09/2024 at 14:36:03

upon respondent No.4, who appears to be the occupier of the property in question and allegedly raising unauthorised construction. 3.

Learned counsel for the respondent/MCD submits that, the property in question has been already booked for unauthorised construction, and demolition order has already been passed and action for demolition of the unauthorised structure is already in the pipeline in accordance with the law.

4.

Insofar as the present petition is concerned, it appears that after issuing notice to the authorities on 22.12.2023, the petitioner has waited for so long and now belatedly filed this writ petition. 5.

Thus, the petitioner appears to be guilty of latches and delay and it cannot be overlooked that the petitioner has already filed civil suit against respondent No.4, as there is a dispute with regards to the ownership of the property in question. This Court in writ jurisdiction cannot be called upon to go into disputed questions of facts reflecting upon the title of the parties to the subject property. 6.

Therefore, this Court is not inclined to admit the writ for further hearing. The petitioner shall seek appropriate remedies in the civil court and the respondents proceed and act in matter in accordance with the law.

7.

The petition is disposed of accordingly.

DHARMESH SHARMA, J.

SEPTEMBER 5, 2024/VLD 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 07/09/2024 at 14:36:03