Disposed

Sumit v. Municipal Corporation of Delhi, Though Commissioner & Ors.

Delhi HC16 Apr 2024W.P.(C)/5380/2024

Case brief

AI extract

What is this about?

Allowed. The Delhi High Court disposed of a writ petition and a connected application filed by Sumit alleging non-compliance by the MCD with a dated 16.04.2024 order concerning unauthorized construction. Notices were issued, and an owner/occupier was impleaded.

What did the court decide?

The connected application stands disposed of. Notice issued to the MCD to file a status report.

Sumit Vs Municipal Corporation of Delhi, Though… — Writ and Judicial Review | Delhi HC (2024)

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$~81

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 5380/2024 SUMIT ..... Petitioner Through: Mr. Sumit Rana, Adv.

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versus

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MUNICIPAL CORPORATION OF DELHI, THOUGH COMMISSIONER & ORS. ..... Respondents Through: Mr. Sanjeev Sabharwal, Adv. for MCD. Mr. Parvinder Chauhan and Ms. Aakriti Garg, Advs. for the owner (through v/c).

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CORAM:

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HON'BLE MR. JUSTICE SACHIN DATTA O R D E R % 24.05.2024

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CM APPL. 31589/2024 (Exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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CM APPL. 31588/2024 ( filed on behalf of the petitioner for directions )

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The present application has been filed by the petitioner alleging that the MCD has not complied with the directions contained in the order dated 16.04.2024. The said order reads as under:

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“ 1. The present petition raises a grievance as regards alleged unauthorised construction at property bearing Khasra no. 49, Gali no.3, adjoining to House no. 108C, opposite to Shaheed Bhagat Singh Park, New Delhi-110030.

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2. Learned counsel for MCD, who appears on advance notice, submits that a demolition order qua the property in question has already been passed on 04.04.2024.

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3. Learned counsel for MCD submits on instructions that further action

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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 28/05/2024 at 12:21:16

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in accordance with law shall be duly taken with regard to the unauthorised construction.

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4. Taking the aforesaid statement on record and binding the respondent/MCD thereto, the present petition, alongwith pending application/s, is disposed of.

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5. The MCD is also directed to ensure that if any unauthorised construction is ongoing, the same be brought to an immediate halt, in accordance with law. ”

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It is submitted that no action whatsoever has been taken by the MCD with regard to the ongoing unauthorized construction in the property in question, despite the directions contained in para 5 of the aforesaid order dated 16.04.2024.

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Issue notice.

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Learned counsel, as aforesaid, appears and accepts notice.

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Let the MCD file a status report setting out the steps taken by it as regards the alleged ongoing unauthorized construction in terms of the directions contained in the order dated 16.04.2024 came to be passed. The status report shall specifically indicate whether any unauthorized construction has taken place after 16.04.2024 and the steps taken by the MCD with regard thereto.

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At this stage, learned counsel for owner/occupier of the property in question enters appearance. Let a copy of the present application be supplied to him and let steps be taken by the petitioner/ applicant to implead the said owner/ occupier of the property.

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Learned counsel for the owner/occupier of the property submits that he would be approaching the ATMCD to assail the action proposed to be taken by the MCD qua the property in question. Needless to say, any action proposed to be taken by the MCD shall be subject to the orders that may be

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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 28/05/2024 at 12:21:16

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passed by the ATMCD.

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List on 12.07.2024.

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SACHIN DATTA, J

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MAY 24, 2024/ cl

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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 28/05/2024 at 12:21:16

Sumit v. Municipal Corporation of Delhi, Though Commissioner & Ors.

Case brief

What is this about?

What did the court decide?

Sumit v. Municipal Corporation of Delhi, Though Commissioner & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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