Parivartan Residention Welfare Association v. M.C.D & ANR

$~56 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 17152/2024 & CM APPL. 72835/2024 PARIVARTAN RESIDENTION WELFARE ASSOCIATION .....Petitioner Through:

Ms. Sushma Sharma, Mr. Girish K Sharma, Mr. Dhruv K Sharma, Ms.

Aayushi Gaur, Ms. Stuti Aggarwal and Mr. R. Sahil, Advocates.

versus M.C.D & ANR .....Respondents Through:

Mr. Mukesh Gupta, SC with Mr.

Sachin Singh S., Advocates for MCD.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 12.12.2024 1.

The petitioner has filed this petition under Article 226 of the Constitution, against alleged illegal and unauthorised construction at property bearing No. A-227, Street No. 25, Chattarpur Enclave Phase-2, New Delhi-110074.

2.

Mr. Mukesh Gupta, learned Standing Counsel for the respondentMunicipal Corporation of Delhi ["MCD"] who appears on advance notice, states that the property has been identified from photographs placed in the writ petition. In respect of the same property, described as the property adjoining House No. A-228, Chattarpur Enclave, New Delhi, MCD has issued a show cause notice dated 14.10.2024 to the W.P.(C) 17152/2024 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 22:04:42

owners/occupants on account of unauthorised construction in the shape of the Stilt, Ground, First, Second and Third Floors and raising columns of the Fourth Floor. A demolition order has also been passed on 23.10.2024. MCD has also issued a stop work notice on 15.10.2024 and issued the necessary directions through utility service providers. Copy of the aforesaid documents are handed up in Court and are taken on record. 3.

Mr. Gupta states that MCD will take further action expeditiously in accordance with law and in event within a period of four weeks from today.

4.

In view of the aforesaid submissions on behalf of MCD, learned counsel for the petitioner does not seek any further orders in the writ petition, which stands disposed of.

5.

The rights and contentions of owners/occupants of the subject property are reserved. MCD is directed to take action strictly in accordance with law, and after complying with all statutory requirements and bearing in mind the Supreme Court judgment dated 13.11.2024 in In Re: Directions in the matter of demolition of structures [WP (C) 295/2022 and connected matters].

PRATEEK JALAN, J DECEMBER 12, 2024/MR/kb/ W.P.(C) 17152/2024 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 22:04:42