Mohit Kumar And ANR v. Mcd And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 15848/2024 & CM APPL. 66542/2024 (stay) MOHIT KUMAR AND ANR .....Petitioners Through:

Mr. Mohit Kumar, Mr. M.K. Guru, Advocates.

versus MCD AND ORS .....Respondents Through:

Mr. Manu Chaturvedi, SC with Ms.

Devika Singh Roy Chowdhury, Advocates for MCD.

Mr. Puneet Yadav, SPC for Delhi Police.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 14.11.2024 1.

The petitioners have approached this Court under Article 226 of the Constitution, complaining of alleged unauthorised construction in property No. 16/18, old Rajinder Nagar, near Sindhi Gurudwara, Delhi ["subject property"]. It is their contention that the construction is ongoing at the instance of respondent Nos. 3 to 5 herein. 2.

Mr.

Manu Chaturvedi, learned counsel for the Municipal Corporation of Delhi ["MCD"], who appears on advance notice, submits that he has been instructed that the construction is being undertaken pursuant to a sanctioned plan dated 30.03.2023, which was approved under the SARAL Scheme. Mr. Chaturvedi states that, upon completion of W.P.(C) 15848/2024 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 19/11/2024 at 13:07:03

the construction, the property will be inspected, and in the event of any deviation from the sanctioned plan, necessary action, in accordance with law, will be taken.

3.

At this stage, learned counsel for the petitioners, submits that the construction has been carried on without compliance of necessary safety measures, as a result of which their property, which is adjacent to the property under construction, has suffered damage. They reserve their right to file appropriate civil proceedings in this regard. 4.

Further, Mr. Chaturvedi states that MCD will also inspect the ongoing construction and take necessary measures in the event of any non-compliance in this regard.

5.

In view of the fact that the construction is apparently in accordance with the sanctioned plan, the writ petition, alongwith the pending application, is disposed of with the above observations. 6.

However, petitioners are at liberty to challenge the sanctioned plan, if they are so advised, by institution of appropriate proceedings before the Appellate Tribunal for the MCD, under Section 347B of the Delhi Municipal Corporation Act, 1957.

PRATEEK JALAN, J NOVEMBER 14, 2024 "Bhupi"/AL/ W.P.(C) 15848/2024 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 19/11/2024 at 13:07:03