Baljit Singh vs State Of Delhi & Others
2010 Latest Caselaw 1317 Del

5.
*IN THE HIGH COURT OF DELHI AT NEW DELHI

+      W.P.(C) 5398/2008

       BALJIT SINGH                             ..... Petitioner
                              Through Mr. H.P. Bhardwaj, Advocate.

                     versus

       STATE OF DELHI & ORS.              ..... Respondents
                      Through Mr. M.L. Vasistha, Advocate for respondent
                      No. 3.
                      Mr. Mukesh Gupta, Advocate for MCD.

       CORAM:
       HON'BLE MR. JUSTICE SANJIV KHANNA

               ORDER

% 09.03.2010

1. The petitioner, Mr. Baljit Singh, has filed the present writ petition for direction to statutory respondents to demolish and remove illegal construction at plot Nos. G-1823-1824, Tigri Colony, New Delhi-62. Another prayer made is for removal of illegal encroachments in front of the said plots.

2. The plots in the said colony were originally allotted to jhuggi-jhopri dwellers but have changed hands and have been transferred. The photograph placed on record by the petitioner at page 11 shows that a modern new structure with all amenities has come up.

3. The respondent Nos. 1and 2-MCD have filed an affidavit admitting that there exists unauthorized construction on the said plots but the construction is not new and is about ten to twelve years old. The said statutory authority is duty bound to take action as per law in case there exists unauthorized construction and the said construction is not protected under any law, because it was made before a particular cut of date. Accordingly, respondent-MCD will take action as per law against unauthorized construction existing on the said plots within four months. In case the petitioner is aggrieved and wants to challenge any order, which may be passed by the respondent Nos. 1 and 2, he will be at liberty to do so in accordance with law.

4. The respondents Nos. 1 and 2 will file status report in this Court within a period of four months. In case status report is not filed, the petitioner will be entitled to revive the present petition or file contempt petition for appropriate action in accordance with law.

The writ petition is accordingly disposed of.

SANJIV KHANNA, J.

MARCH 09, 2010 VKR