Writ petition challenging MCD's demolition of portions of the petitioner's shop during an encroachment removal drive, alleging no show cause notice. The Court disposed of the petition, permitting the petitioner to seek compensation before the Civil Court and directing any future MCD action to follow law.
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Through: Mr. M. M. Singh, Ms. Ayushi Mishra, Adv.
versus
MCD & ORS. .....Respondent Through: Mr. Abhinav Singh, Mr. Praveen Kaushik, Advs for MCD.
CORAM:
HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R % 03.09.2024
“(a) Direct the Respondents No. 1 & 2 to produce the copy of the demarcation map/lay out of the area at Jalebi Chowk, Kalyanpuri, East Delhi.
(b) Direct the Respondents to restore the construction of Petitioner to its original position, if Petitioner's area is found within the defined/sanctioned limits as per lay out plan/map.
(c) Grant any further relief, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case and in the interest of justice.”
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 06/09/2024 at 15:37:16
“3. That the Petitioner has claimed that selective action was taken by the officials of MCD on 20.02.2023 and no notice was served before taking demolition action. As regards this, it is relevant to mention here that perusal of available records show that a Joint Encroachment Removal Drive was conducted at Kalyan Puri Main Road on 20.02.2023 by General Branch and Maintenance/Works Department, Shahdara South Zone with the help of Police Force of Kalyan Puri Police Station, Delhi. It has been reported by Sh. Garun Gautam, the then Licensing Inspector of the concerned area/ward in Action Taken Report (ATR) that whatever kind of temporary and permanent encroachment came to notice during drive the same was removed with the help of JCB (Copy of ATR duly signed by Licensing Inspector and Junior Engineer and some Photographs of the Drive are enclosed herewith for ready reference as Annexure-A).
4. That it has been informed by Sh. Vinay Parashar, Licensing Inspector currently working in General Branch of this zone who had also participated in the Encroachment Removal Drive under consideration that the said drive had to be concluded after removal of encroachment from Petitioner‟s Shop at Jalebi Chowk, 17/1, Kalyan Puri in the form of Canopy and Ramp protruding on Govt./Public Land as the Police Force present expressed their inability to carry on further due to their other official assignments.”
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 06/09/2024 at 15:37:16
its Board. Notably, it is the respondent-MCD’s stand that in some cases of illegal encroachment, no show cause notice is required to be issued to each and every individual.
PURUSHAINDRA KUMAR KAURAV, J.
SEPTEMBER 3, 2024/KG
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 06/09/2024 at 15:37:16
1 issue framed by the court
Whether the petitioner was entitled to notice before MCD's encroachment removal drive and restoration of demolished structures.
Ramesh Chand Gupta
MCD
Purushaindra Kumar Kaurav
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
