Harpreet Kaur Sandhu v. Municipal Corporation Of Delhi Thr Deputy Commissioner & ORS.
$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1994/2024 HARPREET KAUR SANDHU .....Petitioner Through:
Mr. Archit Arora, Ms. Meenal Solanki and Mr. Abdus Ahmad Ansari, Advs.
versus MUNICIPAL CORPORATION OF DELHI THR DEPUTY COMMISSIONER & ORS.
.....Respondent Through:
Mr. G.S. Oberoi, SC for MCD with Mr. Ankur Sharma, Ms. Shaifali Jain and Mr. J.S. Oberoi, Advs. along with Mr. Vipin Goswami, AE.
Mr. Varun Vats, SPC for R-2.
Mr. Sachin Bandooni, Adv. for Ms.
Anju Chitkara.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 13.05.2025 1.
Pursuant to the previous order, status report has been handed up by the counsel for the MCD, which states that a hearing was afforded to Smt. Harpreet Kaur Sandhu/petitioner, as well as, Smt. Anju Chitkara, on 07th April 2025.
2.
While Smt. Harpreet Kaur Sandhu submitted a copy of Agreement to Sell, in respect of Flat No.12, First Floor, Property No. II (GF), Gali No.2, Hakikat Nagar, Kingsway Camp GTB Nagar, Delhi, which was registered on 22nd November 2019, Smt. Anju Chitkara submitted copies of property tax 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 01/07/2025 at 01:37:00
receipts, for the year 2004-2005, in respect of the first floor and the second floor.
3.
Subsequently, the documents relating to the first floor, second floor and part-third floor were also submitted, which were all prior to 2007. 4.
The MCD, therefore, came to the conclusion after going through the documents that the second floor and the part third-floor had been in existence since 1988 and 1998, respectively. Though, both floors are unauthorizedly constructed but were found to be entitled to protection against punitive action till 31st December 2026 under the National Capital Territory of Delhi Laws (Special Provisions) Act, 2011, since they have been in existence, prior to 08th February 2007.
5.
Counsel for the petitioner refutes this finding by the MCD and states that it is has been arrived at, basis, incorrect and fabricated documents. 6.
The issue may, therefore, be considered by the STF in light of the documents which have been presented.
7.
A hearing shall be granted by the STF to the petitioner, as well as, to the occupiers, Smt. Harpreet Kaur Sandhu and Smt. Anju Chitkara, in this regard.
8.
The assessment and the meeting shall take place within the next 6 weeks.
9.
The petitioner will be at liberty to take action in accordance with law, pursuant to the decision taken by the STF.
10.
The petition is, therefore, disposed of.
11.
Order be uploaded on the website of this Court. ANISH DAYAL, J MAY 13, 2025/MK/kp 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 01/07/2025 at 01:37:00