Syed Hamidullah v. South Delhi Municipal Corporation & ORS
$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4814/2016 SYED HAMIDULLAH ..... Petitioner Through Mr. Yogesh Swaroop, Mr. Prashant Kumar Mittal, Advocates versus SOUTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through Ms. Mansi Bajaj, Advocate for R-1 Mr. Nikhil Goel and Mr. Ashutosh Ghade, Advocates Mr. Deepta Kirti Verma and Ms.
Aparna Iyer, Advocates for R-3 SI Pankaj Gulia, PS Jamia Nagar
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
O R D E R
% 14.09.2016 Petitioner is aggrieved by the fact that illegal and unauthorized construction is being permitted to be carried out at plots of Block-D (East Zone), Abul Fazal Enclave-I, New Delhi by the SDMC. The details of the sites of the aforenoted property are contained in the para 4 of the status report of the SDMC. This status report has been filed by way of affidavit of Mr. J.S.Yadav, Authorized Representative of respondent no.1.
The first property is D-20, Abul Fazal Enclave-1, Jamia Nagar, New Delhi. This property was booked on 16.05.2016. It consists of
three portions i.e. front portion, middle portion and rear portion. Qua rear portion work stop letter has been sent on 30.05.2016 to the concerned SHO, PS Zamia Nagar. Letter for disconnection of the essential supplies i.e. electricity and water has also been issued on the same date.
The second property is D-190, Abul Fazal Enclave-1, Jamia Nagar, New Delhi. This property consists of the ground floor to the fourth floor. It was old and occupied .
The third property is D-190-A, Abul Fazal Enclave-1, Jamia Nagar, New Delhi. It was booked on 04.04.2016. This property consists of the ground floor to the third floor. It was found to be under construction. Work stop notice had been issued on 25.04.2016 to the concerned SHO. On 02.05.2016, a letter was again sent to disconnect the essential supplies i.e. electricity and water connection. A complaint was also made under section 466-A of the Delhi Municipal Corporation Act on 12.05.2016 to the SHO.
The fourth property is D-65, 66 and 67, Abul Fazal Enclave-1, Jamia Nagar, New Delhi. It was found to be under finishing. This property was booked under section 343 and 344 of the Delhi Municipal Corporation Act on 18.11.2015 and again work stop letter was issued on 25.04.2016 followed by a letter seeking disconnection of their electricity and water connection. This was on 11.01.2016. Demolition action was taken on 30.05.2016 in respect of property at D-190A, Abul Fazal Enclave-1, Jamia Nagar, New Delhi. Necessary demolition / ceiling action pursuant to the demolition orders passed in relation to the other properties was fixed
for 07.07.2016, 12.07.2016 and 14.07.2016. Counsel appearing for respondent no.3 points out that partial demolition action qua the aforenoted demolition orders was taken on 22.08.2016. This was qua property no. 65, 66 and 67 Abul Fazal Enclave-1, Jamia Nagar, New Delhi. Further demolition program is fixed for 22.09.2016 qua property no. D-190A, Abul Fazal Enclave-1, Jamia Nagar, New Delhi.
It is hoped and expected that all actions in accordance with law in true letter and spirit which shall be taken by the Corporation / Respondent no. 1 in co-ordination and co-operation with respondent no.3 shall be intimated to the petitioner.
No further orders are called for in this petition. Petition disposed of.
INDERMEET KAUR, J SEPTEMBER 14, 2016 gb