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Surender Kumar Vs MCD & Ors. — Property and Title | Delhi HC (2024)

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Delhi HC
2024
Surender Kumar Vs MCD & Ors.Surender Kumar v. MCD & Ors.

Disposed

Surender Kumar v. MCD & Ors.

Delhi HC10 Jan 2024W.P.(C)/311/2024

Case brief

AI extract

What is this about?

Petition challenging unauthorized construction was disposed of by binding respondents to their affidavit stating administrative actions taken.

What the court decided

AI extract

A

$~54

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 311/2024

SURENDER KUMAR ..... Petitioner

Through: Advocate (appearance not given)

versus

MCD & ORS. ..... Respondents Through: Mr. Sanjeev Sabharwal, SC along with Ms. Shweta Singh, Adv. for MCD.

Mohd. Irshad, ASC along with Ms. Nasreen and Mr. Kunal Raj, Advs. for R-3/GNCTD.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA O R D E R % 10.01.2024

The present petition alleges unauthorized construction without sanction plan at Plot No.6, Gali No.1, Sunday Market, Near Harijan Chopaal & Rahul Paneer Bhandar, Aaya Nagar, Khasra No.1857/1858, South Zone, New Delhi-110047.

Statutes considered

3 provisions across 1 enactments

AI extract

Delhi Municipal Corporation Act343/344345-A344 (2)

Parties & counsel

AI extract

petitioner
Surender Kumar
respondent
MCD

Coram

AI extract

Sachin Datta

Case details

As recorded by the court registry

Court: Delhi HC
Decided on: 10 Jan 2024 · January
Registered: 9 Jan 2024
Case no.: W.P.(C)/311/2024

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Cite this judgement

Surender Kumar v. MCD & Ors., W.P.(C)/311/2024 (DEL), decided on 10 January 2024.

The High Court of Delhi publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Delhi Municipal Corporation Act343/344 · 345-A · 344 (2)

View all statutes

Bench / Coram

Sachin Datta

Parties & counsel

Outcome

Disposed

Detailed headnote1 paragraphs

The petition was disposed of. The Court recorded that the Municipal Corporation had initiated booking proceedings under Section 343/344, sealing under Section 345-A, sent work stop letters, and requested disconnection of utilities and registration halt. Respondents were bound to the stated affidavit.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

Issue notice.

Learned counsel, as aforesaid, appear and accept notice on behalf of the respondents. Learned counsel for the respondent no.1/MCD submits that the following actions have already been taken in respect of the aforesaid property:

“ 1. This property has been booked vide File No.04/UC/B-II/SZ/2024 dated 03.01.2024 in the shape of Ground Floor & First Floor, for taking action under Section 343/344 of DMC Act-1957. The requisite Show Cause Notice has also issuer / served upon the owner / occupier.

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 13/05/2024 at 12:28:41

2. Sealing proceedings under Section 345-A of DMC Act, 1957 has also been initiated.

3. Work stop letter dated 05.01.2024 u/s 344 (2) of DMC Act, 1957 has also been sent to concerned, SHO PS Fatehpur Beri, New Delhi to requested to get the unauthorized construction stopped.

4. Letter dated 05/01/2024 to Delhi Jal Board and BSES for disconnection of Water and Elecricity supply have also been sent to concerned authorities.

5. Letter dated 05/01/2024 to Sub-Registrar office for not registering the property have also been sent.

He submits that further action in respect of subject property shall be expeditiously taken in accordance with law.

Binding the respondent nos.1 to 5 to the aforesaid statement, the present petition is disposed of.

SACHIN DATTA, J

JANUARY 10, 2024/ cl

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 13/05/2024 at 12:28:41

CNR

DLHC010004832024

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Bench

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