Writ petition seeking action against unauthorised construction at two Bhajanpura properties, Delhi. MCD reported bookings, a demolition order and a show cause notice; the petition was disposed of with directions to MCD to act strictly per law and per the Supreme Court demolition guidelines.
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$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
versus
MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Roshan Lal Goel & Mr. Anju Gupta, Advocates for MCD. [M:9654169406]. Mr. Umesh K. Burnwal, SPC for UOI with Mr. Paramjeet Singh, Advocate for R-2. [M:9911633057]
Through: Mr. Roshan Lal Goel & Mr. Anju Gupta, Advocates for MCD. [M:9654169406].
CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN O R D E R
% 17.12.2024
CM APPL. 73974/2024 ( for exemption )
Exemption allowed, subject to all just exceptions.
The application stands disposed of.
W.P.(C) 17375/2024
2. Mr. Roshan Lal Goel, learned counsel for respondent No. 1-
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W.P.(C) 17375/2024
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 19/12/2024 at 13:07:43
Municipal Corporation of Delhi [“MCD”], who appears on advance instructions from Mr. Kuldeep Chopra, Assistant Engineer, states that action has already been initiated in respect of both properties. In respect of property bearing No. C-275, Gali No. 11, Bhajanpura, Delhi, unauthorised construction was found on the property, and the same has been booked on 03.10.2024. Demolition order has also been passed on 11.10.2024. Mr. Goel states that demolition action is fixed on 23.12.2024, subject to availability of police force, and after lifting of Graded Response Action Plan-IV restrictions. As far as property No. C-407, Gali No. 17, C-Block, Bhajanpura, Delhi, is concerned, Mr. Goel states that the property has also been booked, and a show cause notice has been issued to the owners/occupants on 13.12.2024. He submits that issuance of demolition orders will be considered after receipt of reply to the show cause notice, if any, and further action will be taken expeditiously in accordance with law. Copies of the aforesaid documents are handed up in Court and are taken on record.
Page 2 of 3
W.P.(C) 17375/2024
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 19/12/2024 at 13:07:43
to unauthorised construction, they are at liberty to approach the Special Task Force [“STF”], constituted by the Supreme Court vide orders dated 24.04.2018 and 18.07.2018 in W.P.(C) 4677/1985 [ M.C. Mehta vs Union of India & Ors. ]. This direction is made with reference to the decisions of the Division Bench in Devender vs. Govt. of NCT of Delhi and Ors [order dated 20.09.2018 in W.P.(C) 1807/2018], Sneh Lata & Anr. vs. North Delhi Municipal Corporation & Anr. [order dated 08.04.2019 in LPA 245/2019], Fazruddin vs. DDA & Ors. [order dated 23.04.2019 in WP (C) 4649/2017], and in Himanshu vs. East Delhi Municipal Corporation & Anr. [order dated 31.07.2023 in W.P.(C) 8104/2022], and decisions of Coordinate Benches in Abdul Gaffar vs South Delhi Municipal Corporation & Ors. [order dated 28.02.2019 in W.P.(C) 1773/2019] and Rashiduddin Malik vs. MCD & Ors. [order dated 02.09.2024 in WP (C) 12102/2024].
PRATEEK JALAN, J
DECEMBER 17, 2024 ‘pv/AD’/
Page 3 of 3
W.P.(C) 17375/2024
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 19/12/2024 at 13:07:43
1 issue framed by the court
Whether MCD should take action against alleged unauthorised construction at two Bhajanpura properties.
Colour shows how this judgement treated each authority
In Re: Directions in the matter of demolition of structuresReferred
WP (C) 295/2022
M.C. Mehta vs Union of India & Ors.Referred
W.P.(C) 4677/1985
Devender vs. Govt. of NCT of Delhi and OrsReferred
W.P.(C) 1807/2018
Sneh Lata & Anr. vs. North Delhi Municipal Corporation & Anr.Referred
LPA 245/2019
Fazruddin vs. DDA & Ors.Referred
WP (C) 4649/2017
Himanshu vs. East Delhi Municipal Corporation & Anr.Referred
W.P.(C) 8104/2022
Abdul Gaffar vs South Delhi Municipal Corporation & Ors.Referred
W.P.(C) 1773/2019
Rashiduddin Malik vs. MCD & Ors.Referred
WP (C) 12102/2024
1 provisions across 1 enactments
Kunwar Pal Singh and Ors
Municipal Corporation of Delhi
Prateek Jalan
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
