Mohd. Azad & Anr vs Municipal Corporation Of Delhi & ...
2012 Latest Caselaw 1060 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     W.P.(C) 932/2012 & C.M.No.2059/2012 (stay)

                                   Date of Decision:15th February, 2012

      IN THE MATTER OF:

      MOHD. AZAD & ANR                              ..... Petitioners
                    Through:        Ms. Maldeep Sidhu, Adv.

                        versus


    MUNICIPAL CORPORATION OF DELHI & ORS. ..... Respondents

Through: Ms. Shyel Trehan, Adv. for MCD.

Mr. Gautam Gupta, Adv. with Mr.Aditya Madan, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI

HIMA KOHLI, J (Oral)

1. The present petition is filed by the petitioner praying inter alia

for directions to respondents No.1/MCD and respondent No.2/local

police to carry out inspection of plots of land described as Plots No.F-3

to F-7, F-60-61, F-83-84, F-63, F-52, F-23 and F-11, 37-38 situated in

Vishkarma Colony, M. B. Road, New Delhi - 110044.

2. It is the contention of the petitioners that rampant illegal and

unauthorized construction activity is being undertaken by respondents

No.3 to 9 on the subject plots which is to the knowledge of the civic

authorities, but, they have not taken any steps either to prevent or

remove the same. In this regard, the learned counsel for the

petitioners draws the attention of this Court to a recent representation

dated 23.01.2012 addressed to the Deputy Commissioner, MCD of the

area pointing out the aforesaid illegal and ongoing unauthorized

construction.

3. Counsels for respondents No.1/MCD and respondent No.2/Delhi

Police, who are present on advance copy, give an assurance that

immediate steps shall be taken by the authorities to inspect the

subject plots and if any unauthorized construction is found to be

ongoing there, necessary steps for removal thereof would be taken as

per law.

4. In view of the aforesaid assurance given by the counsels for

respondents No.1 and 2, it is deemed appropriate to dispose of the

present petition with directions to the respondents to carry out an

inspection of the subject plots within a period of two weeks. In case

any illegal/unauthorized construction is found to exist or going on

there, work stop notice shall be issued by respondent No.1 forthwith

under intimation to respondent No.2 for strict compliance. Thereafter,

notices shall be issued to the owners/occupiers of the subject plots

before taking any steps for initiating demolition action, as per law.

Needful shall be done within a period of six weeks from the date of

passing of appropriate orders in that regard, under written intimation

to the petitioner. The respondents shall file an action taken report in

this regard within 10 weeks from today with a copy to the other side.

5. In case the action taken report is not filed within the stipulated

time, the petitioner shall be at liberty to approach this Court.

6. The petition is disposed of along with pending application.

Dasti to counsels for respondents No.1 and 2 for compliance.

HIMA KOHLI, J FEBRUARY 15, 2012 'anb'