Disposed

Sh Davinder Pal Singh Sawhney v. Municipal Corporation of Delhi & Ors.

Delhi HC6 Feb 2025W.P.(C)/9717/2024

Case brief

AI extract

What is this about?

Application under Section 151 CPC to recall a disposal order passed in the petitioner's absence in a writ petition alleging encroachment of property by respondent no. 4. MCD cited a status report finding no encroachment; construction stands regularized. The court directed MCD to inspect and measure both plots and file an inspection report.

What the court decided

AI extract

Sh Davinder Pal Singh Sawhney Vs Municipal… — Municipal and Town Planning | Delhi HC (2025)

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$~8

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 9717/2024 & CM APPL. 13306/2025

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SH DAVINDER PAL SINGH SAWHNEY .....Petitioner Through: Mr. Tejaswi Kumar, Advocate Mob: 9953811859 Email: [email protected]

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versus

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MUNICIPAL CORPORATION OF DELHI & ORS.

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.....Respondents Through: Mr. Ashutosh Gupta, ASC for MCD Mob: 9891826827 Email: [email protected] Mr. Vikalp Mudgal, Advocate with Mr. Prakhar Khanna, Advocate along with respondent no. 4 Mob: 9811933231 Email: [email protected]

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CORAM:

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HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 27.05.2025

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CM APPL. 13306/2025

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The present application has been filed on behalf of the petitioner under Section 151 of the Code of Civil Procedure, 1908 (“CPC”) for recalling of the order dated 6th February, 2025.

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Learned counsel appearing for the petitioner submits that the absence th of the petitioner and his counsel on 6 February, 2025, was not deliberate. 3. It is submitted that vide order dated 6th February, 2025, the petition

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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 01/07/2025 at 20:22:06

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was disposed of, in the absence of the petitioner. He submits that some portion of the petitioner’s property has been encroached upon by the respondent no. 4, while constructing his property.

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Per contra, learned counsel appearing for respondent nos. 1 to 3- Municipal Corporation of Delhi (“MCD”), draws the attention of this Court to the Status Report dated 14^th October, 2024, wherein, it has been stated as follows:

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“xxx xxx xxx

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3. That in continuation of earlier report filed, it is further submitted that a request was made by the Building Department-II, West Zone/MCD to Maintenance Department-II, West Zone/MCD to check whether any encroachment is there in property bearing No. A-2/197, Janakpuri, New Delhi or not so that report regarding encroachment may be filed before the Hon'ble Court.

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4. That in response to said request the Maintenance Department-II, West Zone/MCD got inspected the aforesaid property and reported that there is no encroachment in the said property.”

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Learned counsel appearing for the respondents-MCD further submits that the construction in the property of respondent no. 4, already stands regularized.

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Responding to the same, learned counsel appearing for the petitioner submits that no Inspection Report has been placed by the respondents before this Court.

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Considering the submission made before this Court, the MCD is directed to inspect the property of the petitioner, as well as the respondent no. 4, and measure the area of the respective plots.

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The MCD shall file its Inspection Report, clearly giving the measurements and the area of the plots of the petitioner as well as respondent no. 4.

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The said Inspection Report shall be filed by the MCD, within a period of four weeks from today.

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The petitioner as well as respondent no. 4, are also directed to file their Sale Deeds to show the area, which is reflected in their respective Sale Deeds.

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Re-notify on 21^st July, 2025.

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MINI PUSHKARNA, J.

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MAY 27, 2025 ak

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Sh Davinder Pal Singh Sawhney v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What the court decided

Sh Davinder Pal Singh Sawhney v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What the court decided

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