Disposed

Jeet Foundation (Ngo) through Its President Sh. Harvinder Singh Lamba v. the Commissioner, MCD and Ors.

Delhi HC17 May 2024W.P.(C)/7091/2024

Case brief

AI extract

What is this about?

The Court treats this PIL regarding unauthorized and illegal construction post-fire as a representation. It directs the Deputy Commissioner to decide the matter through a speaking order expeditiously, with all party contentions left open, before disposing of the petition.

What did the court decide?

Petition converted to a representation requiring a speaking order from the Deputy Commissioner to decide the issue expeditiously.

Jeet Foundation (Ngo) through Its President Sh… — Writ and Judicial Review | Delhi HC (2024)

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$~29.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 7091/2024 & CM APPL. 29594/2024 JEET FOUNDATION (NGO) THROUGH ITS PRESIDENT SH.

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HARVINDER SINGH LAMBA ..... Petitioner Through: Mr. Lave Kumar Sharma, Ms. Deepshikha, Ms. Shivanee and Ms. Tanu, Advocates

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versus

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THE COMMISSIONER, MCD AND ORS. ..... Respondent Through: Mr. Mohit Bhardwaj, Advs. for R-2 and R-3. SI Ashish, PS Shaheen Bagh. Mr. Sanjeev Sagar, SC, MCD with Ms. Nazia Parveen, Mr. Yadav Birandra, Mr. Deepanshu Mishra, Mr. Akhilesh Kumar Yadav, Mr. Vishal Kumar Yadav and Mr. Ashish Shukla, Advs.

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CORAM: 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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% 17.05.2024

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Present public interest petition has been filed seeking issuance of directions to Respondents No.1 to 3 to demolish the illegal construction at property no. 1060 to 1063 at Kuncha Natwa, Chandni Chowk, Delhi raised by Respondent no.4 without following building bye laws and without obtaining sanction plan from the concerned department.

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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 20/05/2024 at 11:50:02

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Learned counsel for the Petitioner states that in September 2022, the subject property along with surrounding building caught fire incurring a lot of damage. He states that it took Respondent no.2 (Fire and Safety Department) more than seven days to control the said fire. He states that in November 2022, Respondent No.4 started re-construction of the subject property and the construction of four floors stands completed.

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He states that the Petitioner made a complaint dated 21^st July, 2023 to Respondents No.1 to 3 in respect of the said unauthorized & illegal construction undertaken by Respondent no. 4.

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Learned counsel for MCD, who appears on advance notice, states that after the fire, MCD had issued an advisory dated 28^th September, 2022 directing the respondent to carry out repairs and submit a structural stability certificate.

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Keeping in view the aforesaid, this Court directs that the present petition be treated as a representation to the Deputy Commissioner, City SP Zone who, in turn, is directed to decide the same by way of a speaking order in accordance with law, as expeditiously as possible. The rights and contentions of all the parties are left open.

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With the aforesaid direction, the present petition stands disposed of.

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ACTING CHIEF JUSTICE

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MANMEET PRITAM SINGH ARORA, J

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MAY 17, 2024 N.Khanna

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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 20/05/2024 at 11:50:02

Jeet Foundation (Ngo) through Its President Sh. Harvinder Singh Lamba v. the Commissioner, MCD and Ors.

Case brief

What is this about?

What did the court decide?

Jeet Foundation (Ngo) through Its President Sh. Harvinder Singh Lamba v. the Commissioner, MCD and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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