Arvind Yadav v. Municipal Corporation Of Delhi & ORS.

$~86 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13496/2024 & CM APPL. 56453-56454/2024 ARVIND YADAV .....Petitioner Through:

Mr.

S.D.

Ansari with Mr.

I.

Ahmed, Advocates with petitioner in person.

versus MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through:

Mr.

Abhinav Sharma and Mr.

Mahender Shukla, Advocates for MCD.

Mr. Mohit Bhardwaj, Advocate for R-2.

Mr. Vivekanand Mishra, SPC for R-3.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 25.09.2024 1.

The petitioner has approached this Court seeking action against alleged unauthorised construction in property No. 1025, Situated at Paan Mandi, Sadar Bazar, Delhi-110006.

2.

Mr. Abhinav Sharma, learned counsel, appears on behalf of Municipal Corporation of Delhi ["MCD"] on advance notice, and submits that the property will be inspected within the next two working days, and necessary action in accordance with law will be taken as expeditiously as W.P.(C) 13496/2024 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 01/10/2024 at 12:23:34

possible and practical.

3.

In the present case, the petitioner has not approached the Special Task Force ["STF"] in respect of his grievance, as required by the decisions of the Division Bench in Devender vs. Govt. of NCT of Delhi and Ors [order dated 20.09.2018 in W.P.(C) 1807/2018], Sneh Lata & Anr. vs. North Delhi Municipal Corporation & Anr. [order dated 08.04.2019 in LPA 245/2019], and in Himanshu vs. East Delhi Municipal Corporation & Anr. [order dated 31.07.2023 in W.P.(C) 8104/2022], and in decisions of Coordinate Benches in Abdul Gaffar vs South Delhi Municipal Corporation & Ors. [order dated 28.02.2019 in W.P.(C) 1773/2019] and Rashiduddin Malik vs. MCD & Ors. [order dated 02.09.2024 in WP (C) 12102/2024].

4.

The petition is, therefore, disposed of, with the direction that the petitioner may approach the STF, if he continues to be aggrieved by the alleged inaction of MCD. The STF will take such proceedings on their own merits.

5.

The aforesaid order order is passed without prejudice to the rights and contentions of the owners/occupants of the subject property, whose remedies are expressly reserved.

6.

The petition is disposed of in terms of the above. PRATEEK JALAN, J SEPTEMBER 25, 2024 SS/ W.P.(C) 13496/2024 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 01/10/2024 at 12:23:34