Disposed

Krishna Devi v. North Delhi Municipal Corporation & Anr.

Delhi HC18 Sept 2024W.P.(C)/13367/2019

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging sealing and demolition actions initiated by North Delhi Municipal Corporation, holding that the property was uninhabitable and no larger demolition order was warranted at this stage.

What did the court decide?

The writ petition was disposed with a liberty for the petitioner to approach the appropriate forum for further grieavnces.

Krishna Devi Vs North Delhi Municipal Corporation… — Municipal and Town Planning | Delhi HC (2024)

¶1

$~22

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

W.P.(C) 13367/2019 & CM APPL. 8031/2020 KRISHNA DEVI .....Petitioner Through: Mr.N.K.Aggarwal, Ms.Sanjana and Mr.Amanpreet Kaur, Advs.

¶4

versus

¶5

NORTH DELHI MUNICIPAL CORPORATION & ANR

¶6

.....Respondents

¶7

Through: Ms.Meenakshi Midha, Adv for MCD.

¶8

CORAM:

¶9

HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R

¶10

% 18.09.2024

¶11

In pursuance of the directions passed by this Court, the respondentNDMC has placed on record the Status Report dated 17.09.2024.

¶12

Paragraphs nos.13 to 18 of the Status Report reads as under:-

¶13

"13. That further demolition action had been fixed for 05.09.2024. During which the property was first vacated with the help of police force and demolition action taken as under:-

¶14

1. Demolition action taken in the shape demolition of RCC slab at ground floor and cutting of reinforcement using gas cutter.

¶15

2. Demolition action taken in the shape of demolition of RCC slab at first floor, cutting reinforcement using gas cutter and demolition of side wall of the property at third floor.

¶16

3. Demolition action taken in the shape of demolition of RCC slab at second floor, cutting of reinforcement using gas cutter and demolition of side wall of the property on second floor.

¶17

14. That further demolition action had been fixed on 06.09.2024 during which demolition action taken in the shape of RCC slab at third floor and cutting of reinforcement using gas cutter.

¶18

15. That in addition to above, sealing proceedings u/s 34SA of the DMC Act, 1957 have also been initiated against the property no. T- 510/C, Hill Marg, Baljeet Nagar, New Delhi and a show cause Jlotice vide no. D/EE(B)/KBZ/2024/429 dated 28.08.2024 had been issued to Sh. Rajinder Prasad, Sh. Biru Ram, owner/occupier. Thereafter, a

¶19

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 03/07/2025 at 20:16:44

¶20

sealing order u/s 345A of the DMC Act, 1957 vide no. 12/UC/Seal/EE(B)/KBZ/2024 dated 06.09.2024 had been passed and the entire property sealed at all 4 entry points on 06.09.2024 after taking demolition action with help of police force P.S. Patel Nagar. The copy of the sealing order dated 06.09.2024 is annexed herewith as Annexure-E.

¶21

16. That in order to take demolition action against the unauthorized construction existing in the property the property was de-sealed temporarily and demolition action fixed of police force. Further demolition action had been taken on 13.09.2024 in the shape of demolition walls of fourth floor rooms and slab of mumty alongwith walls. Thereafter the property was re-sealed.

¶22

17. That it is also submitted that the property measures around 3 5 sq. yds. only and one room toilet and kitchen were constructed on each floor. After the above demolition actions the property has become inhabitable and lying sealed.

¶23

18. That the photographs of the property taken during demolitlion actions before 13.09.2024 and on 13.09.2024 are alos annexed herewith as Annexure-F ( colly )."

¶24

Learned counsel appearing on behalf of the petitioner, however, submits that the entire structure has become dangerous and the same is unsafe for any inhabitation. He, therefore, submits that the entire structure be directed to be demolished.

¶25

The Court has perused the Status Report and has also seen the photographs attached with the same. The property in question, as of now, stands sealed and the same has clearly been made uninhabitable.

¶26

Therefore, the prayer in the instant writ petition stands satisfied as the property stands sealed. If the petitioner has any further grievance, she shall be at liberty to take up the issue before the respondent-NDMC or to approach the appropriate forum. The direction for its complete demolition can only be passed on due examination of various other factors.

¶27

With the aforesaid liberty, at this stage, the Court is not inclined to

¶28

¶29

keep the instant writ petition pending on its Board and instead disposes of the same with the liberty as observed hereinabove.

¶30

All pending applications are also disposed of.

¶31

PURUSHAINDRA KUMAR KAURAV, J

¶32

SEPTEMBER 18, 2024/MJ

¶33

Krishna Devi v. North Delhi Municipal Corporation & Anr.

Case brief

What is this about?

What did the court decide?

Krishna Devi v. North Delhi Municipal Corporation & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Dr Rana Tabassum Vs Municipal Corporation of Delhi & Ors.

Saurabh Gupta Vs Assistant Commissioner of Income Tax, Central Circle 7(1), New Delhi & Ors.

Management of Dtc Vs Karan Singh

Sanjeev Mehta Vs Municipal Corporation of Delhi & Ors.

General Secretary, Cel Retired Employees Welfare Association (Celrewa) Vs Central Electronics Limited & Anr.

Soni Ghosh and Ors. Vs Delhi State Industrial and Infrastructure Developemt Corporation and Ors.

15766989A, Ex. Hav (Gnr) Jatin Sharma Vs the Central Information Commission & Ors.

Jung Bahadur Singh and Ors. Vs Union of India and Ors.

Dr Rana Tabassum Vs Municipal Corporation of Delhi & Ors.

M/S Gulihar Electrical Pvt. Ltd. Vs Harish Bajaj

Sanjeev Mehta Vs Municipal Corporation of Delhi & Ors.

Ikramuddin Vs Municipal Corporation of Delhi

Devinder Kumar Vs Municipal Corporation of Delhi & Ors.

Suresh Kumar Vs Jai Kanwar Panchal