Disposed

Vijay Kumar Sharma v. Municipal Corporation of Delhi & Ors.

Delhi HC24 Sept 2024W.P.(C)/13150/2024

Case brief

AI extract

What is this about?

Writ petition seeking directions to MCD to prevent further unauthorised construction at a Vasant Kunj flat. The court held the Appellate Tribunal-MCD was an equally efficacious alternate remedy and disposed of the petition, keeping the interim status quo order in force for ten days to enable respondent no.3 to seek relief before AT-MCD.

What the court decided

AI extract

Vijay Kumar Sharma Vs Municipal Corporation of… — Municipal and Town Planning | Delhi HC (2024)

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$~1

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 13150/2024 & CM APPL. 55484/2024

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VIJAY KUMAR SHARMA .....Petitioner

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Through: Mr.Nitish Chaudhary and Mr.Shaurya Aditya Singh, Mr.Devanshu Chauhan and Ms. Parul Sharma, Advs.

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versus

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MUNICIPAL CORPORATION OF DELHI & ORS ......Respondents Through: Mr. Arjun Mahajan and Ms.Neha Rai, Advs for MCD. Mr. Abhishek Yadav, SPC for UOI with Mr.Rohit Yadav. Mr. Vasuchit Anand, GP for UOI. Mr. Mayank Sapra and Ms. Lalia Das, Advs for R-3.

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CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 24.09.2024

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On 19.09.2024, in W.P.(C) 13150/2024, the Court directed for issuance of notice and the respondent-MCD’s statement was taken on record that they are contemplating necessary action in pursuance of the grievance raised in the instant writ petition.

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While hearing on CM APPL. 55484/2024, the Court, on 20.09.2024, directed the parties to maintain the status quo while issuing notice to all other parties. Such direction was necessitated as the respondent-MCD had scheduled to demolish respondent no.3's property on 21.09.2024.

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Today, when the matter is called out, the Court has considered the issue involved in the instant writ petition, which indicates that the petition

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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 01/10/2024 at 11:35:07

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was for the directions to respondent no.1 and 2 to prevent any further unauthorised and unlawful construction at Flat No. 8296, Sector-C, Pocket8, Vasant Kunj, New Delhi – 110070.

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In the considered opinion of this Court, the grievance raised in the present case can be agitated before the Appellate Tribunal - Municipal Corporation of Delhi (AT-MCD). Since there is equally efficacious alternate remedy to challenge the impugned action which has been initiated by the respondent-MCD, the Court declines to pass any further directions. However, liberty is granted to respondent no.3 to take necessary recourse in accordance with law.

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Keeping in mind the fact that the Court has already restrained the respondent-MCD vide order dated 20.09.2024 from taking any further action, the said direction shall remain in force for a period of 10 days from today to enable respondent no.3 to avail the appropriate remedy. Further action by the Corporation shall remain subject to orders to be passed by the AT-MCD. In case, the petitioner has any further grievance after conclusion of the proceedings before the AT-MCD, he shall be at liberty to approach the Special Task Force (STF) in accordance with law.

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All rights and contentions with respect to the grievance raised by respondent no.3 are left open.

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Accordingly, the instant writ petition along with pending application stands disposed of.

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The date already fixed i.e. 23.10.2024 stands cancelled.

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PURUSHAINDRA KUMAR KAURAV, J

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SEPTEMBER 24, 2024/MJ

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Vijay Kumar Sharma v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What the court decided

Vijay Kumar Sharma v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What the court decided

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