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High Court of DelhiW.P.(C)/14819/2024

Harpreet Kaur Sandhu v. Municipal Corporation Of Delhi Thr Deputy Commissioner & ORS.

2024-10-22Hon'Ble Mr. Justice Prateek Jalan2 pages

$~76 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 14819/2024 HARPREET KAUR SANDHU .....Petitioner Through:

Mr. Archit Arora, Mr. Manjeet Godara, Advocates.

versus MUNICIPAL CORPORATION OF DELHI THR DEPUTY COMMISSIONER & ORS.

.....Respondents Through:

Mr. G.S. Oberoi, SC with Mr.

Ankur Sharma, Advocates for MCD.

Mr. Varun Vats, Advocate for R-2 and 3.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 22.10.2024 CM APPL. 62285/2024 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(C) 14819/2024 & CM APPL. 62284/2024 (for stay) 1.

The petitioner has approached this Court under Articles 226 of the Constitution with regard to alleged unauthorised construction on the second and third floor of the property No. 11(GF), Gali No. 2, Hakikat Nagar, Kingsway Camp GTB Nagar, Delhi - 110009 ["the property"]. 2.

The petitioner claims to be residing in the ground floor of the property.

W.P.(C) 14819/2024 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 03/07/2025 at 20:44:53

3.

Learned counsel for the Municipal Corporation of Delhi ["MCD"], who appears on advance instructions, states that an application has been received from the owners/occupants of the subject property for repair of the property, which is under consideration by MCD. However, no permission has yet been granted. He states that the property will be inspected within the next three days and, if any unauthorised construction is found to be ongoing, MCD will issue a work stop notice within three days thereafter and will also take steps in accordance with law to demolish any existing unauthorised construction. 4.

Such action will be taken as expeditiously as possible, if required, and, in any event, within eight weeks from today, subject to availability of police force.

5.

In view of the above submissions, learned counsel for the petitioner states that no further orders are required in this writ petition which stands disposed of.

6.

It is made clear that the aforesaid submissions are recorded without prejudice to the rights and contentions of owners/occupants of the subject property, whose rights and remedies available in law, are expressly reserved. MCD is directed to take action strictly in accordance with law, and after compliance of all statutory formalities. 7.

The petition, alongwith the pending application, is disposed of in terms of the above.

PRATEEK JALAN, J OCTOBER 22, 2024 "Bhupi"/ W.P.(C) 14819/2024 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 03/07/2025 at 20:44:53