Mahabir Singh v. South Delhi Municipal Corporation & ORS

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3867/2016 MAHABIR SINGH ..... Petitioner Through:

Mr. Neeraj Kumar, Mr. Harsh Sardhan, Mr. Shailesh Shekhar and Mr. Prashant Chandra, Advs.

versus SOUTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through:

Mr. Ajjay Aroraa and Mr. Kapil Dutta, Advs. for R-1 along with Mr. A.K.

Mittal, AE, South Zone.

Mr. Sharat Kapoor, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 04.05.2016 By this writ petition, petitioner has prayed that respondent nos. 1 and 2 be directed to stop the illegal construction being carried out by the respondent nos. 3 and 4 at plot no. 191, Shahpur Jat Village, New Delhi and to demolish the encroachment made by constructing 2 to 3 feet wide platform on three sides of the aforesaid plot. Respondent nos. 1 and 2 have appeared on service of advance copy of the paper book.

Learned counsel for respondent no.1 submits that property in question has already been booked for unauthorised construction and show cause notice under Section 345-A of the Delhi Municipal Act, 1957 has also been issued to the owner/occupier of the property.

He further submits that letter dated 3rd May, 2016 has also been written to the SHO P.S. Hauz Khas to stop the

unauthorised construction.

Letters have also been written to the BSES Rajdhani Pvt. Ltd. and Delhi Jal Board for disconnection of electricity and water connection. Sub-Registrar, Mehrauli, Govt. of NCT of Delhi has also been informed about the unauthorised construction in the property vide letter dated 3rd May, 2016. It is submitted that action initiated by the respondent no.1 would be taken to its logical end. It is further submitted that encroachment made in the shape of tharas would be removed immediately as no notice is required for removal of same, since it is encroachment on the street. Learned counsel for the respondent no.2 submits that adequate police force would be provided to respondent no.1 as and when date for demolition action is notified to SHO. Accordingly, SHO P.S. Hauz Khas is directed to provide necessary police aid to the respondent no.

1 to carry out the demolition and removing the encroachment as and when date is notified to him by the respondent no.1. Action be taken in accordance with law. Compliance report be filed by the respondent no.1 within six weeks. Writ petition is disposed of in the above terms.

Copy of the order be given dasti to the parties. A.K. PATHAK, J.

MAY 04, 2016 ga