Dismissed

Sukhdayal Gupta v. Angel Bharti Chauhan, Dy Commissioner, South Zone & Ors.

Delhi HC4 Mar 2024LPA/189/2024

Case brief

AI extract

What is this about?

This order dismisses a Letters Patent Appeal filed by Sukhdayal Gupta challenging a lower court directive regarding unauthorized construction and demolition notices, citing laches and lack of merit.

What did the court decide?

The present appeal and pending applications were dismissed both on merits and on laches.

What the court decided

Sukhdayal Gupta Vs Angel Bharti Chauhan, Dy… — Writ and Judicial Review | Delhi HC (2024)

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$~32

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- LPA 189/2024 & CM APPLs.13193-13197/2024

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SUKHDAYAL GUPTA ..... Appellant Through: Mr. Raghvendra Mohan Bajaj, Mr. Kumar Karan, Mr. Shivansh Dwivedi, Advocates

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versus

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ANGEL BHARTI CHAUHAN, DY COMMISSIONER, SOUTH ZONE & ORS. ..... Respondents Through: Mr. Divyam Nandrajog and Ms.Surbhi Soni, Advocate for GNCTD Mr. Sanjeev Sabharwal, Adv. for MCD

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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 04.03.2024

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Present appeal has been filed by the Appellant challenging the order dated 13^th April, 2023 passed by the learned Single Judge of this Court in W.P.(C) 3699/2019, whereby the Respondents were directed to take appropriate action against the alleged unauthorized construction. 2. Learned counsel for the Appellant states that the Appellant's wife is a bona-fide purchaser and neither he nor his wife was aware about the aforesaid proceedings and/or any allegation of illegal/unauthorised construction in the suit premises. He states that the properties in question

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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 06/03/2024 at 11:28:45

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were bought by him way back in 2022.

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He emphasises that the property bearing no. L-47A, DDA Janta Flats, Saket, New Delhi-110017 was purchased by the Appellant vide registered sale deed dated 15^th February, 2022 and the property bearing no. L-47C was purchased vide General Power of Attorney dated 28^th February, 2022 and Agreement to Sell and Purchase dated 28^th February, 2022 from one Mrs. Ranjita Kanwar. He states that on 10^th February, 2024, some officials of MCD along with police officials came to the subject properties and demolished parts of the subject properties. He further states that a demolition notice dated 12^th February, 2024 was received by the Appellant only on 15^th February, 2024. He also states that the Appellant came to know about the contempt proceedings and the proceedings in W.P.(C) 3669/2019 only at this stage and was, therefore, constrained to approach this Court through the present Letters Patent Appeal.

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A perusal of the paper book reveals that during a routine inspection of the area/property in question on 3^rd April, 2023, the seal affixed by the department on 5^th January, 2023 was found to be tempered. Taking immediate cognizance of the same, not only a FIR was filed against the owner/occupier/offender but the property was also re-sealed. After taking resealing action, the vacation notice dated 5^th April, 2023 was also issued and served upon the owner/occupier as well as endorsed to concerned SHO. Further on 10^th April, 2023 and also on 11^th April, 2023, partial demolition actions were undertaken. Consequently, for the appellant to contend that neither he nor his wife was aware about the illegal and unauthorized construction or about the sealing/demolition action is not correct.

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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 06/03/2024 at 11:28:45

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Moreover, as the impugned order was passed as far back as on 13^th April, 2023, this Court is of the view that the present appeal is barred by laches. Accordingly, the present appeal and pending applications being bereft of merit are dismissed both on merits as well as on laches.

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ACTING CHIEF JUSTICE

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MANMEET PRITAM SINGH ARORA, J

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MARCH 4, 2024 AS

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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 06/03/2024 at 11:28:45

Sukhdayal Gupta v. Angel Bharti Chauhan, Dy Commissioner, South Zone & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Sukhdayal Gupta v. Angel Bharti Chauhan, Dy Commissioner, South Zone & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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