Disposed

Raghunath Builders Pvt. Ltd. v. Municipal Corporation of Delhi through Commissioner & Anr.

Delhi HC5 Apr 2024W.P.(C)/4988/2024

Case brief

AI extract

What is this about?

Petitioner sought urgent demolition of dilapidated workers quarters in Delhi under a Section 348 DMC Act notice issued by MCD. Petitioner chose not to contest the notice and sought expeditious demolition action. The court directed the petition be treated as a representation to MCD, which must pass a speaking order within four weeks.

What the court decided

AI extract

Raghunath Builders Pvt. Ltd. Vs Municipal… — Municipal and Town Planning | Delhi HC (2024)

¶1

$~67

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 4988/2024 &CM APPL.20397/2024

¶4

RAGHUNATH BUILDERS PVT LTD. ..... Petitioner Through: Mr. Ujjal Banerjee and Mr. Aaksh Khurana, Advs.

¶5

versus

¶6

MUNICIPAL CORPORATION OF DELHI THROUGH COMMISSIONER & ANR. ..... Respondents Through: Ms. Anshula L. Bakhru, Advs. for MCD. Mr. Karan Bhardwaj, ASC for GNCTD alongwith Mr. Shubham Singh, Adv.

¶7

CORAM:

¶8

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

¶9

% 05.04.2024

¶10

The present petition has been filed by the petitioner on the premise that property (referred to in the petition) i.e. Workers Quarters bearing No.118, 117, 116C, 116B, 116, 159, 116A, 115, 114, 113, 111, 110, 107A, 108A, 105, 109, 107, 109C, 110A, 109B, 109D, 105E, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34, 35, 36, 38, 39, 40, 41, 12, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53 situated at Jaipuria Mills Clock Tower, Sabzi Mandi, Delhi – 110007 is in a dangerous condition and immediate action is required to be taken to demolish the same so as to avert any disastrous situation/ calamity. 2. Learned counsel for the petitioner has drawn attention to certain photographs to emphasise the precarious state of the property.

¶11

A notice under Section 348 of DMC Act, 1957 is also stated to have

¶12

This is a digitally signed order.

¶13

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 09/04/2024 at 12:46:57

¶14

been issued by the MCD in respect of the property in question, whereby it was demanded that the property in question be demolished. Learned counsel for the petitioner submits that he does not wish to contest the said notice under Section 348 of the DMC Act, 1957 and rather submits that expeditious demolition action needs to be taken qua the property in question.

¶15

After some hearing, learned counsel for the petitioner submits that the present petition be directed to be treated as a representation to the MCD and a speaking order be passed thereon taking into account the averments made by the petitioner. It is directed accordingly.

¶16

Let a speaking order be passed by the MCD within a period of 4 weeks from today, specifically setting out the action proposed to be taken by the MCD qua the property in question.

¶17

The present petition alongwith the pending application, stands disposed of in the above terms.

¶18

SACHIN DATTA, J

¶19

APRIL 5, 2024/at

¶20

This is a digitally signed order.

¶21

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 09/04/2024 at 12:46:57

Raghunath Builders Pvt. Ltd. v. Municipal Corporation of Delhi through Commissioner & Anr.

Case brief

What is this about?

What the court decided

Raghunath Builders Pvt. Ltd. v. Municipal Corporation of Delhi through Commissioner & Anr.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Itc Limited Vs New Delhi Municipal Council & Anr.

Prakritishri Aldaan & Anr. Vs Deepika Mittal

Delhi Jal Board Contractors Welfare Association Regd. Vs Delhi Jal Board & Anr.

Devendra Kumar Sharma Vs Deputy Commissioner of Income Tax, Circle 13-1, & Ors.

Telenor South Asia Investment Pte Ltd. Vs Deputy Commissioner of Income Tax

Shashwata Dashora Vs Jamia Millia Islamia

Food Corporation of India Khanauri, Sangrur (Pb.) Vs Regional Provident Fund Commissioner Bathinda (Pb.)

Meenakshi & Anr. Vs Union of India & Ors.

Itc Limited Vs New Delhi Municipal Council & Anr.

Delhi Jal Board Contractors Welfare Association Regd. Vs Delhi Jal Board & Anr.

Janata Party Vs Election Commission of India & Anr.

Munesh Kumar Jain Vs Municipal Corporation of Delhi through Its Commissioner & Ors.

Niranjan Yadav Vs the State (Gnctd) and Ors.

Arya Nagar Bagh Rao Ji Residents Welfare Association (Regd.) Vs Delhi Jal Board