Disposed

Neha Balhara v. Municipal Corporation of Delhi & Ors.

Delhi HC23 Dec 2024W.P.(C)/17722/2024

Case brief

AI extract

What is this about?

The petitioner filed a writ petition alleging unauthorized construction on a specific property. The MCD undertook to issue a show-cause notice and take further action in accordance with law, including issuing a stop-work notice if construction was ongoing. The Court disposed of the petition noting these submissions.

What did the court decide?

Writ petition disposed of; MCD directed to take action in accordance with law.

Neha Balhara Vs Municipal Corporation of Delhi… — Municipal and Town Planning | Delhi HC (2024)

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$~7

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 17722/2024 NEHA BALHARA .....Petitioner Through: Mr. Hardik Khanna, Advocate.

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versus

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MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Vikas Chopra, Standing Counsel with Ms. Anita R. Mishra, Mr. Dipesh Chopra & Ms. Khushi, Advocates for MCD.

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Mr. Vivek Sharma, Senior Panel Counsel with Ms. Prernaa Singh, Advocate for R-3/SHO Neb Sarai, Delhi Police. [M:-9810418275]. Mr. V.C. Shukla & Mr. Tarun Gulia, Advocates for R-5 & 6.

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CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN O R D E R

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% 23.12.2024

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CM APPL. 75375/2024 ( exemption )

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Exemption allowed, subject to all just exceptions.

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The application stands disposed of.

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W.P.(C) 17722/2024 & CM APPL. 75374/2024 ( stay )

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The petitioner has approached this Court under Article 226 of the Constitution complaining of alleged illegal and unauthorised construction in Khasra No. 316, situated in Abadi of Lal Dora of Village Neb Sarai,

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Page 1 of 3

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W.P.(C) 17722/2024

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This is a digitally signed order.

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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 30/12/2024 at 12:10:36

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New Delhi-110068 [“subject property”].

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Mr. Vikas Chopra, learned Standing Counsel for the Municipal Corporation of Delhi [“MCD”], who appears on advance notice, states that the subject property has been inspected, and unauthorised construction having been found, a show cause notice has been issued to owners/occupants of the property on 12.12.2024. He submits that MCD will take further action in accordance with law expeditiously upon consideration of the reply to the show cause notice. If any demolition action is required, Mr. Chopra states that requisite order will be passed within four weeks from today, after hearing the owners/occupants of the subject property.

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Mr. Hardik Khanna, learned counsel for the petitioner, submits that construction on the subject property is ongoing. Mr. Chopra states that if the construction is found to be ongoing, a stop work notice will be issued to the owners/occupants of subject property. 4. In view of the above, no further orders are required in the writ petition. The writ petition is, therefore, disposed of. 5. It is made clear that this order is made without prejudice to the rights and contentions of any owners/occupants of the subject property, whose remedies are expressly reserved. MCD is directed to take action strictly in accordance with law, and after complying with all statutory formalities and bearing in mind the judgment of the Supreme Court dated 13.11.2024 in In Re: Directions in the matter of demolition of structures [WP (C) 295/2022 and connected matters].

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In the event the petitioner has any further grievance with regard to unauthorised construction, she is at liberty to approach the Special Task

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Page 2 of 3

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W.P.(C) 17722/2024

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This is a digitally signed order.

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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 30/12/2024 at 12:10:36

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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].

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PRATEEK JALAN, J

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DECEMBER 23, 2024 ‘pv/JM’/

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Page 3 of 3

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W.P.(C) 17722/2024

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This is a digitally signed order.

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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 30/12/2024 at 12:10:36

Neha Balhara v. Municipal Corporation of Delhi & Ors.

Case brief

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Neha Balhara v. Municipal Corporation of Delhi & Ors.

Case brief

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