High Court of DelhiW.P.(C)/11295/2015

Mohd Shakeel v. North Delhi Municipal Corporation And ORS

2016-03-01Hon'Ble Mr. Justice A.K. Pathak2 pages

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11295/2015 and CM Appl. No. 29533/2015 MOHD SHAKEEL ..... Petitioner Through : Mr. Sumeet Kaul, Adv.

Versus

NORTH DELHI MUNICIPAL CORPORATION AND ORS ..... Respondents Through :Ms.

Nandita Abrol, Adv.

for respondent no. 1 along with Sh. S.K.

Goel, AE Mr. M.K. Singh, Adv. for GNCTD Mr.

Anand Singh, Adv.

for respondent nos. 3 and 4

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 01.03.2016 By this writ petition under Article 226 of the Constitution of India, petitioner has prayed that respondents be directed to stop the illegal construction carried out in the property no. 692, Chandni Mahal, Delhi - 110002. It is further prayed that unauthorised construction be demolished. Status report has been filed by the respondent no. 1. It is stated in the status report that property has been booked, inasmuch as demolition order dated 23rd November, 2015 has already been passed, in accordance with law. Demolition action was fixed for 11th January, 2016 and 13th January, 2016

and police was requested to provide police force. On 11th January, 2016 unauthorised construction in the shape of roof slab of fourth floor and fifth floor has been demolished and on 13th January, 2016 the unauthorized construction in the shape of roof slap of second floor has been demolished. Photographs have been annexed.

I find the demolition of unauthorised construction to be cosmetic. In my view, complete unauthorised structure needs to be demolished and it cannot be a cosmetic demolition by punching the walls/roof.

Learned counsel for the respondent no. 1 submits that further demolition action has been fixed for 16th March, 2016. After completing the demolition action, respondent no. 1 shall remove malwa at the cost of owner/occupier, in accordance with law. Station House Officer, Police Station Chandni Mahal is directed to provide police assistance to the respondent no. 1 on the date fixed, that is, 16th March, 2016. Writ petition is disposed of in the above terms. Compliance report be filed within four weeks.

Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

MARCH 01, 2016 rb