Disposed¶19

Prem Chand Vaid and Anr. v. Municipal Corporation of Delhi & Anr.

Delhi HC7 Feb 2025W.P.(C)/12500/2024

Case brief

AI extract

What is this about?

Delhi High Court; W.P.(C) 12500/2024; Prem Chand Vaid v. Municipal Corporation of Delhi; Article 226 writ; unauthorized construction demolition Dakshinpuri House No. 116 Block 15; MCD status reports 17.10.2024 and 01.02.2025; Fifth Floor demolition 24.09.2024 and 28.10.2024; RCC panels; prosecution complaint Section 466-A Delhi Municipal Corporation Act 1957; SHO PS Ambedkar Nagar watch and ward; DCP South District; monthly demolition schedule police force; Supreme Court demolition directions In Re 2024 SCC OnLine SC 3291; writ petition disposed; no further order; liberty to petitioner; without prejudice Respondent No.2; Jyoti Singh J; 07.02.2025.

What did the court decide?

No further order passed at this stage; Petitioner left at liberty to pursue appropriate legal remedies for any surviving grievance. ¶19

Prem Chand Vaid and Anr. Vs Municipal Corporation of… — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

No further order passed at this stage; Petitioner left at liberty to pursue appropriate legal remedies for any surviving grievance.

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Issue for consideration

Whether Respondent No.1 (MCD) should be directed to take action for demolition of the illegal and unauthorized construction raised on House No.-116, Block No. 15, Dakshinpuri, New Delhi-110062.

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Court's answer

In view of the two status reports filed by MCD recording demolition action taken and scheduled, no further order is required to be passed in the writ petition at this stage.

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Ratio / Principle

Any further action will be taken in consonance with the two status reports, in compliance of all statutory provisions, and keeping in mind the judgment of the Supreme Court on demolition of structures.

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Key takeaways

In case of any surviving or further grievance, the Petitioner will be at liberty to take recourse to appropriate legal remedies.ratio¶18
The order is passed without prejudice to the rights and contentions of Respondent No.2.ratio¶18

Detailed headnote1 paragraphs

Writ petition under Article 226 of the Constitution of India by Prem Chand Vaid and another seeking a direction to MCD to demolish illegal and unauthorized construction at House No.-116, Block No. 15, Dakshinpuri, New Delhi-110062. Two MCD status reports (17.10.2024 and 01.02.2025) recorded that pursuant to an earlier demolition order, partial demolition of the Fifth Floor was carried out on 24.09.2024 (two RCC panels cut down; internal partition brick walls demolished) and further on 28.10.2024 (brick walls and side walls), with letters to the SHO, PS Ambedkar Nagar for strict watch and ward, a prosecution complaint dated 27.09.2024 under Section 466-A of the Delhi Municipal Corporation Act, 1957 to the DCP South District, and next action scheduled for 20.02.2025. Holding that no further order was required at that stage, Jyoti Singh, J disposed of the writ petition, directing that any further action be taken in consonance with the status reports, in compliance of statutory provisions and keeping in mind In Re: Directions in the matter of demolition of structures, 2024 SCC OnLine SC 3291, while preserving the Petitioner's liberty to pursue other remedies and acting without prejudice to Respondent No.2.

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$~69

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 12500/2024

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PREM CHAND VAID AND ANR. .....Petitioners Through: Mr. Faraz Anees, Advocate.

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versus

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MUNICIPAL CORPORATION OF DELHI & ANR......Respondents Through: Mr. Vikas Chopra, Advocate for Respondent No.1/MCD.

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Mr. Harish Dasan and Mr. Hira Lal Jha, Advocates for Respondent No.2.

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CORAM:

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HON'BLE MS. JUSTICE JYOTI SINGH

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O R D E R % 07.02.2025

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This writ petition is preferred on behalf of the Petitioner under Article 226 of the Constitution of India seeking the following relief:

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“a. pass appropriate writ order or direction thereby directing the respondents No. 1 to take action or demolition of the illegal and unauthorized construction raised on House No.-116, Block No. 15, Dakshinpuri, New Delhi-110062.”

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Status report was filed by MCD on 17.10.2024 stating therein that pursuant to the demolition order passed earlier, necessary demolition action was fixed on 24.09.2024 and 02 RCC panels have been cut down/demolished and internal partition brick walls have also been demolished on the Fifth Floor of the subject property. Simultaneously after taking partial demolition action, a letter was also sent on 24.09.2024 to the SHO, PS: Ambedkar Nagar to direct the patrolling staff to keep strict watch W.P.(C) 12500/2024 page 1 of 2

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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 17/02/2025 at 17:36:51

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and ward over the subject property so that the demolished portion is not restored or repaired. A prosecution complaint dated 27.09.2024 under Section 466-A of the Delhi Municipal Corporation Act, 1957 was also sent to the DCP South District, Hauz Khas, New Delhi. It was stated that further action will be taken/carried out during the monthly demolition schedule of the area in question, upon availability of police force.

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Subsequently a further status report dated 01.02.2025 has been filed, wherein it is stated that further demolition action was taken/carried out on 28.10.2024, wherein brick walls and side walls have been demolished on the Fifth Floor. A letter has again been sent on 28.10.2024 to the SHO, PS: Ambedkar Nagar to direct the patrolling staff to keep strict watch and ward over the subject property. Further action is now scheduled on 20.02.2025. 4. In view of the two status reports filed by the MCD, no further order is required to be passed in the present writ petition at this stage. Needless to state that any further action will be taken in consonance with the two status reports as also in compliance of all the statutory provisions and keeping in mind the judgment of the Supreme Court in In Re: Directions in the matter of demolition of structures, 2024 SCC OnLine SC 3291.

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In case of any surviving/further grievance, the Petitioner will be at liberty to take recourse to appropriate legal remedies. This order is passed without prejudice to rights and contentions of Respondent No.2.

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Writ petition stands disposed of in the aforesaid terms.

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JYOTI SINGH, J

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FEBRUARY 7, 2025 B.S. Rohella W.P.(C) 12500/2024

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page 2 of 2

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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 17/02/2025 at 17:36:51

Prem Chand Vaid and Anr. v. Municipal Corporation of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Prem Chand Vaid and Anr. v. Municipal Corporation of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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