Anuj Kumar v. Municipal Corporation Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ANUJ KUMAR .....Petitioner Through:

Mr. V.C. Shukla, Mr. Tarun Gulia, Mr. Narendra Sharma, Mr. Prabh Simar Singh, Mr. Varun Gulia & Mr. Rohit Choudhary, Advocates.

versus MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through:

Ms. Shilpa Dewan, ASC for MCD Mr. Rishikesh Kumar, ASC for GNCTD with Ms. Sheenu Priya, Mr. Atik Gill, Mr. Sudhir Kumar Shukla & Mr. Sudhir, Advocates.

[M:-9911483629] Mr. Manish Mohan, CGSC with Mr. Jatin Teotia & Mr. Samarth Talesara, Advocates for UOI/R-2 & 5.

Ms. Sangeeta Bharti, SC for DJB with Ms. Malvi Balyan & Ms.

Vidushi Gupta, Advocates for R3/DJB.

Mr. Rishab Raj Jain, SC for BSES RPL/R-6.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 13.11.2024 CM APPL. 66152/2024(Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

1.

The petitioner has filed this petition under Article 226 of the Constitution, complaining of alleged illegal construction in Plot No. B1/75/76, Khasra No. 109/16, Madhu Vihar, New Delhi-110059 ["subject property"].

2.

Ms. Shilpa Dewan, learned Additional Standing Counsel for the Municipal Corporation of Delhi ["MCD"], who appears on advance notice, states that unauthorised construction was found to be ongoing as a result of which MCD has issued show cause notice to the owners/occupants of the subject property on 11.11.2024 and First Information Report has also been registered with the concerned police station. Ms. Dewan states that further action will be taken upon receipt of reply to the show cause notice, if any. A demolition order or any other statutory measure available to MCD will be taken within four weeks from today, if necessary, and further consequential action will be taken within eight weeks thereafter, subject to the availability of police force. A copy of the show cause notice has been handed over in Court and is taken on record.

3.

Mr. V.C. Shukla, learned counsel for the petitioner, submits that as of yesterday, the construction was ongoing in the subject property. Although Ms. Dewan has been instructed to the contrary, she states that the property will be inspected again within the next two days and if any construction is found to be ongoing, a stop work notice will also be issued.

4.

In view of the aforesaid submissions on behalf of MCD, Mr. Shukla states that no further orders are required in this writ petition. The The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

writ petition, therefore, stands disposed of. 5.

It is made clear that the aforesaid submissions are recorded without prejudice to the rights and contentions of any 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 complying with all statutory requirements. 6.

In the event the petitioner has any further grievance with regard to unauthorised construction, he is at liberty to approach the Special Task Force ["STF"] constituted by the Supreme Court vide orders dated 24.04.2018 and 18.07.2018 in W.P.(C) 4677/1985 [M.C. Mehta vs Union of India & Ors.]. This direction is made with reference to 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], Fazruddin vs. DDA & Ors. [order dated 23.04.2019 in WP (C) 4649/2017], and in Himanshu vs. East Delhi Municipal Corporation & Anr. [order dated 31.07.2023 in W.P.(C) 8104/2022], and 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].

PRATEEK JALAN, J NOVEMBER 13, 2024 'pv'/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.