Disposed

Illegal Construction and Encroachment Front v. Best Western Darbar and Ors.

Delhi HC9 May 2024W.P.(C)/6618/2024

Case brief

AI extract

What is this about?

A PIL sought directions to seal and demolish unauthorized construction in Delhi. The petitioner alleged non-compliance with the sanctioned plan. The respondent authorities stated the construction adhered to sanctions and excess parts were demolished. The court disposed of the petition without upholding petitioner's standing.

What did the court decide?

Writ petition disposed of; CM application allowed subject to exceptions. Court clarified no upholding of locus standi.

Illegal Construction and Encroachment Front Vs… — Public Procurement and Tenders | Delhi HC (2024)

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$~63

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 6618/2024 & CM APPL. 27536/2024

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ILLEGAL CONSTRUCTION AND ENCROACHMENT FRONT ..... Petitioner

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Through: Mr. Shailendra Chandra Jha, Mr. Hunny Yadav and Ms. Akchita Singh, Advocates versus

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BEST WESTERN DARBAR AND ORS. ..... Respondent

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Through: Mr. Ashutosh Gupta, ASC with Mr. Arman Monga, Advocate for MCD Ms. Prabhsahay Kaur, Standing Counsel, STF with Mr. Bir Inder Singh Gurm and Ms. Pragati Singh, Advocate for R-4/STF

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CORAM:

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HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

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O R D E R

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% 09.05.2024

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CM APPL. 27536/2024 (for exemption)

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Allowed, subject to all just exceptions.

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Accordingly, the present application stands disposed of.

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W.P.(C) 6618/2024

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Present public interest litigation has been filed seeking directions to Respondent Nos. 2 to 4 to seal, demolish and remove the encroachment and unauthorised construction at 9015-17, Deshbandhu Gupta Road, Bazar

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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 13/05/2024 at 11:27:22

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Sangatrashan, Multani Dhanda, Paharganj, Delhi 110055 (‘subject property’).

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Learned counsel for the Petitioner states that Respondent No. 1 is operating a hotel at the subject property. He alleges that the hotel has not been constructed as per the sanction plan as 100 per cent carpet area has been covered, no parking slots have been provided at the premises and an extra floor has been constructed by Respondent No. 1.

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He states that the Petitioner has written a letter dated 25^th January, 2024 to the Deputy Commissioner, Municipal Corporation of Delhi (‘MCD’), Karol Bagh, New Delhi seeking removal of the illegal construction at the subject property. He further states that the Petitioner has filed a complaint dated 06^th March, 2024 with the Special Task Force (STF). He states that on 13^th April, 2024, a report was uploaded on the STF portal wherein it is stated that the building is old and occupied and booked under Sections 343 & 344(1) of the Delhi Municipal Corporation Act, 1957 (‘the DMC Act’). He, however, states that no action has been taken so far.

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Learned counsel for the MCD who appears on advance notice states that construction in the subject property has been carried out in accordance with the sanctioned building plan. He further states that the excess coverage which had been carried out in the said property has already been demolished. Let the said facts be communicated by the concerned Executive Engineer to the Petitioner in writing within four weeks.

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In the event, the Petitioner is aggrieved by the sanctioned building plan issued by the MCD, he shall be at liberty to file appropriate proceedings in accordance with law. This Court clarifies that it has not upheld the locus standi of the Petitioner to file any proceeding. Further, the

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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 13/05/2024 at 11:27:22

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rights and contentions of all the parties are left open. Accordingly, the present writ petition is disposed of.

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ACTING CHIEF JUSTICE

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MANMEET PRITAM SINGH ARORA, J

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MAY 9, 2024/ msh

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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 13/05/2024 at 11:27:22

Illegal Construction and Encroachment Front v. Best Western Darbar and Ors.

Case brief

What is this about?

What did the court decide?

Illegal Construction and Encroachment Front v. Best Western Darbar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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