Petitioner sought directions to stop alleged unauthorised construction in Badarpur. MCD initiated demolition proceedings under the DMC Act and issued a show cause notice; land ownership was unclear between authorities. The court directed the petitioner to approach the Special Task Force and disposed of the writ petition.
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SMT KAVITA .....Petitioner
Through: Ms.Savita Rustogi and Mr.Mayank Routs, Advs.
versus
GOVT. OF NCT DELHI & ORS. .....Respondents Through: Mr.Mohit Bhardwaj, Adv for R-1. Mr.Nawal Kishore Jha, SC for MCD with Ms.Kalpana Jha, Adv. Mr. Anuj Kumar Garg, Adv for R-3.
CORAM:
HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R
% 02.09.2024
2. I am informed that a joint inspection has been carried out, but no report has been submitted. Neither of the learned counsel for the
This is a digitally signed order. 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 04/09/2024 at 12:32:51
authorities is in a position to make submissions with regard to the result of the aforementioned inspection. .
3. Joint status report be filed within four weeks, failing which concerned Executive Engineer, MCD are directed to remain present in Court on the next date of hearing with the relevant records.
4. List on 11.01.2024."
"That cause of litigation on the part of petitioner pertains to unauthorized construction/encroachment, which is stated to have been carried out by respondent No. 4 in front of the property bearing Shop No. 6, Block-E-2 3" 60 Feet Road, Molarband Extension, Badarpur, New Delhi. In terms of order dated 12/09/2023, subordinate official of deponent along -with officials from office of SDM(Sarita Vihar) carried out joint inspection of site on 31/07/2023. During joint inspection, status of land whereupon the alleged shop is existed could not be ascertained. It is submitted that Revenue Department of GNCTD is custodian of land record. Thus, onus is upon Revenue Department to draw conclusion in this regard. However, since alleged structure is unauthorized, the answering respondent has initiated demolition proceedings u/s 343/344 of the DMC Act vide File No. 269 /B/UC/EE(B)-II/CNZ/23 dated 16/10/2023 and issued show cause notice in the name of Shri Sanjay Kumar. Further action is under contemplation in accordance with provisions of DMC Act. Action will be planned as soon as demolition proceedings are concluded and order passed."
This is a digitally signed order. 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 04/09/2024 at 12:32:51
further action shall take place in accordance with law. He also submits that the subject land appears to be a private land and there appears to be an unauthorised construction of a colony.
PURUSHAINDRA KUMAR KAURAV, J
SEPTEMBER 2, 2024/MJ
This is a digitally signed order. 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 04/09/2024 at 12:32:51
2 issues framed by the court
Which authority is responsible for stopping alleged unauthorised construction in front of Shop 6, Block E-2, Molarband Extension, Badarpur?
Whether the petitioner's grievance should be dealt with by the Special Task Force instead of the writ petition?
Colour shows how this judgement treated each authority
M.C. Mehta v. Union of India & OrsReferred
W.P. (C) 4677/1985
1 provisions across 1 enactments
Smt Kavita
Govt. of NCT Delhi
Respondent No. 2
Municipal Corporation of Delhi
Purushaindra Kumar Kaurav
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
