Disposed

Manas Vihar Cghs Ltd. v. Municipal Corporation of Delhi & Ors.

Delhi HC9 Jul 2024W.P.(C)/6523/2024

Case brief

AI extract

What is this about?

The High Court held that Sections 70 and 71 of the Delhi Cooperative Societies Act, 2003 are inapplicable because demolition power lies with the MCD. The society lacks statutory authority to impose penalties. The Court directed the MCD to proceed with demolition expeditiously with police assistance.

What did the court decide?

The writ petition was disposed of with a direction to the MCD and Delhi Police to carry out the authorized demolition expeditiously.

Manas Vihar Cghs Ltd. Vs Municipal… — Contract and Commercial Disputes | Delhi HC (2024)

¶1

$~4

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

W.P.(C) 6523/2024 & CM APPL. 36256/2024, CM APPL. 36257/2024, CM APPL. 37794/2024, CM APPL. 37860/2024

¶4

MANAS VIHAR CGHS LTD. .....Petitioner Through: Mr.S.Ghosh, Advocate with Mr.K.T.Chandramohan, Treasurer, Mr. Bhaskar Mishra, Joint Secretary

¶5

versus

¶6

MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr.Akhil Mittal, Standing Counsel for R-1 Mr.Avishkar Singhvi, ASC with Mr.Vivek Kumar Singh, Mr.Naved Ahmed and Mr.Shubham Kumar, Advocates for R-2 Mr.Vishwendra Verma, Ms.Shivali and Ms.Riya Kumari, Advocates for R-3

¶7

% Date of Decision: 09^th July, 2024

¶8

CORAM:

¶9

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

¶10

JUDGMENT

¶11

MANMOHAN, ACJ : (ORAL)

¶12

Present writ petition has been filed by the petitioner-cooperative society seeking a direction to the respondent no.1/MCD to conduct a survey and inspection of the unauthorized encroachment and construction carried out by respondent no.3/Bina Mathur and to demolish the same in accordance

¶13

Signature Not Verified

¶14

Digitally Signed By:JASWANT SINGH RAWAT Signing Date:11.07.2024 18:47:59

¶15

W.P.(C) 6523/2024

¶16

Page 1 of 3

¶17

with law. Petitioner society seeks a direction to respondent no.2/RCS to produce the records pertaining to orders dated 17^th August 2023 and 27^th October 2023 and quash the same. The petitioner society also seeks a declaration that the petitioner is entitled to impose penalty on defaulting members in case of unauthorized construction / encroachment.

¶18

Admittedly, during the pendency of the present petition, respondent no.1/MCD has booked unauthorized construction in 13 flats in the petitioner’s society and has also carried out partial demolition.

¶19

Learned counsel for the MCD assures this Court that the remaining demolition shall be carried out on 15^th July 2024 provided the police force is available.

¶20

At this stage, learned counsel for the respondent no.3 states that the present writ petition is not maintainable as the petitioner has an alternative efficacious remedy of arbitration under Sections 70 and 71 of the Delhi Cooperative Societies Act, 2003. In support of his submission, he relies upon the judgment of the Supreme Court in PHR Invent Educational Society vs. UCO Bank & Others , 2024 SCC OnLine SC 528 decided on 10^th April 2024.

¶21

Learned counsel for respondent no.3 also states that the unauthorized construction, if any, has been carried out within the four corners of the flat and therefore MCD has no right to carry out any demolition.

¶22

Learned counsel for the petitioner states that respondent no.3 had carried out not only unauthorized construction but also encroachment on society land which recently stands removed by the respondent no.3 at her own initiative. He points out that only the elevated base is yet to be removed.

¶23

Signature Not Verified

¶24

Digitally Signed By:JASWANT SINGH RAWAT Signing Date:11.07.2024 18:47:59

¶25

W.P.(C) 6523/2024

¶26

Page 2 of 3

¶27

This Court is of the view that Sections 70 and 71 of the Delhi Cooperative Societies Act, 2003 are not attracted to the facts of the present case as the demolition action has to be taken by the MCD and not by the Cooperative Society. Consequently, the judgment of the Supreme Court in PHR Invent Educational Society (supra) is inapplicable to the present case.

¶28

This Court is further of the view that MCD under the Delhi Municipal Corporation Act is fully empowered to remove any illegal and unauthorised construction even if it happens within the four corners of a house/flat. In fact, the present writ petition, which has been filed to ensure that the MCD carries out its statutory duty, is maintainable.

¶29

It is settled law that the penalty can only be enforced if the law imposes it. Accordingly, this Court is of the opinion that it is not open for the petitioner-society to impose any penalty as there is no statutory backing for the same.

¶30

Consequently, this Court disposes of the present writ petition with a direction to the MCD to take action in accordance with law as expeditiously as possible. The Delhi Police is directed to render all assistance to the MCD. If respondent no.3 is aggrieved by any action of MCD, she shall be at liberty to take steps in accordance with law.

¶31

ACTING CHIEF JUSTICE

¶32

TUSHAR RAO GEDELA, J

¶33

JULY 9, 2024 /ms

¶34

Signature Not Verified

¶35

Digitally Signed By:JASWANT SINGH RAWAT Signing Date:11.07.2024 18:47:59

¶36

W.P.(C) 6523/2024

¶37

Page 3 of 3

Manas Vihar Cghs Ltd. v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Manas Vihar Cghs Ltd. v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mohd. Yunus Vs Municipal Corporation of Delhi & Anr.

M/S Sai Fertilizers Private Limited and Anr. Vs Union of India & Ors.

United Poly Engineering Private Limited Vs Presiding Officer, Labour Court, Polc v & Anr.

Fasal Vs Municipal Corporation of Delhi and Ors.

Lokesh Kumar Vs the Chairman, S.T.F./S.D.M., Alipur

Kannu Singh Harit Vs Gnct. of Delhi & Ors.

Vineet Sehgal Vs Union of India through Its Secretary Ministry of Home Affairs & Ors.

Somaya Gupta Vs the Chief Proctor Jnu & Ors.

Idbi Bank Ltd. Vs Sh Lagadapati Madhusudhan Rao & Ors.

Shri Parmod Bahl Vs Registrar, Cooperative Societies and Ors.

Samiksha Chaudhary & Anr. Vs Maulana Azad Medical College & Ors.

Sanser Pal Singh Vs Union of India and Others

Dharampal Satyapal Limited and Anr. Vs Union of India through Secretary

Shri Parvesh Kumar Bajaj Vs State and Ors.