Vijay Lakshmi & ANR. v. Municipal Corporation Of Delhi And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13380/2024 & CM APPL. 55854/2024 VIJAY LAKSHMI & ANR.

.....Petitioners Through:

Mr. Gurpratap Singh & Mr. Afresh Kumar, Advocates.

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

Mr. Siddhant Nath, SC for MCD with Mr.

Bhavishya Makhija, Advocate.

Mr. Brijesh Yadav, SPC for R-4 with Ms. Nikita & Mr. Ayush Chauhan, Advocates.

Mr. Sanjay Kumar, Advocate for R-3 with R-3 in Person.

Mr.

Anuj Chaturvedi & Ms.

Harshita Maheshwari, Advocates for DDA.

SI Sanjay Verma, PS Rajouri Garden.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 23.10.2024 1.

The petitioner has approached this Court under Article 226 of the Constitution for directions upon the Municipal Corporation of Delhi ["MCD"] to take action in respect of alleged illegal construction and unauthorised construction in property bearing No. WZ-106/65A P Block, Rajouri Garden, New Delhi-110027 ["the subject property"]. W.P.(C) 13380/2024 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 28/10/2024 at 12:10:20

2.

The status report of the MCD dated 23.10.2024 is handed over to the Court, and is taken on record. It is stated therein that demolition orders have already been passed in respect of the property on 24.06.2024 and 18.09.2024. Work stop notice orders have also been issued and partial demolition action has taken place on 27.09.2024.

The owners/occupants of the property have been directed to vacate the property by a notice dated 22.10.2024 and further action is planned on 24.10.2024.

3.

Learned counsel for the owners/occupants state that the demolition order and vacation notice have been received by his clients, who are in the process of filing an appeal against the said orders before the Appellate Tribunal for MCD ["ATMCD"].

4.

Having regard to the aforesaid, it appears that MCD is seized of the matter regarding unauthorised construction in the subject property and is taking action in accordance with law. No further orders are therefore required in the writ petition, which stands disposed of. 5.

To enable the owners/occupants of the property to take their remedies against the demolition order, MCD is directed to maintain status quo for a period of two weeks from today and thereafter take action, subject to any further orders passed by ATMCD. PRATEEK JALAN, J OCTOBER 23, 2024 'pv'/ W.P.(C) 13380/2024 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 28/10/2024 at 12:10:20