Delhi High Court
Chand Ram vs Dda And Ors on 24 February, 2012
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1445/2011
Date of Decision:24th February, 2012
IN THE MATTER OF:
CHAND RAM ..... Petitioner
Through: Mr. Dalip Singh, Adv.
versus
DDA AND ORS ..... Respondents
Through: Ms. Mansi Gupta, Adv. for MCD
with Mr.Jagpal Singh, Executive
Engineer along with Sh. O.P.
Gupta, A.E.(Building), MCD.
Mr. Javed Khan, Adv. for
Respondent No.4.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
: HIMA KOHLI, J (ORAL)
1. Vide order dated 04.11.2011, counsel for respondent No.2/MCD
had assured the Court that the balance demolition action in respect of
the subject premises bearing Flat No.D-12-59, Sector-7, Rohini, Delhi
would be undertaken within four weeks from the date of passing of the
aforesaid order. The matter was re-notified for today with directions
to the respondent No.2/MCD to file a fresh status report. It was
further directed that in case the balance demolition action is not
undertaken by respondent No.2/MCD before the next date of hearing,
the deponent of the affidavit dated 04.11.2011 would be present in
Court.
2. Pursuant to the aforesaid order, Sh. Jagpal Singh, Executive
Engineer, MCD, who has stepped into the shoes of the deponent of the
said affidavit, is present in Court. Counsel for respondent No.2/MCD
submits that respondent No.4 had filed an appeal before the Appellate
Tribunal, MCD against the demolition order dated 09.02.2011 passed
by the respondent No.2/MCD in respect of the subject premises,
registered as Appeal No.623/2011 that came to be disposed of on
09.01.2012. A copy of the aforesaid order passed by the Appelate
Tribunal, MCD is handed over by counsel for respondent No.4 and is
taken on record. The operative para of the aforesaid order is
reproduced hereinbelow:
" The respondent shall provide the opportunity of
submitting reply of the show cause notice as well as
personal hearing to the appellant who is directed to appear
in the office of AE (B) on 16.01.2012 at 3:00 p.m. on
which date the appellant is permitted to file reply,
document and written submissions, if any. Appellant,
however, shall not seek any adjournment on any ground
for personal hearing or for filing any document or written
submission or for submitting reply of the show cause
notice.
The AE(B), Rohini Zone thereafter shall pass the
speaking order and deal with all the submissions, pleas
and the defenses raised by the appellant and shall
complete the proceedings maximum within one month
thereafter. With these observations appeal is remanded
back. The file of the department be returned to the
respondent alongwith copy of this order. The appellant
shall not raise any further construction in the said property
nor shall sell it or create any third party interest in the
same till the matter is decided afresh by the AE(B), Rohini
Zone. Appellant shall also not carry out any repair (except
whitewash) in this property without written permission of
AE(B) concerned.
In view of the statement made by the AE(B) and in
view of the above order, the impugned demolition order
referred above is quashed and set aside.
The appeal is, thus, disposed of. Copy of the order
be given dasti to both parties and appeal file be consigned
to record room."
3. It is stated that pursuant to passing of the aforesaid order by the
Appellate Tribunal, MCD, respondent No.4 had appeared before the AE
(Building) on 16.01.2012 for a hearing whereafter, an order dated
27.01.2012 has been passed by respondent No.2/MCD upholding its
earlier demolition order. Further, it has been observed that in view of
the protection granted under the National Capital Territory of Delhi
Laws (Special Provision) Second Act, 2011, which has been extended
up to 31.12.2014, at present, the respondent No.2/MCD is not in a
position to initiate demolition action in respect of the aforesaid subject
premises and the said order is, therefore, kept in abeyance. A copy of
the aforesaid order is also handed over by counsel for respondent
No.2/MCD and is taken on record.
4. In view of the aforesaid position, the present petition is
accordingly disposed of with the following directions:
i. Respondent No.4 shall file an affidavit furnishing the
details of the presently existing construction on the first
floor and the terrace of the first floor under her occupation
along with relevant photographs. In the said affidavit,
respondent No.4 shall give an undertaking that no further
construction shall be undertaken by her in the subject
premises, nor shall she undertake any addition, alteration,
renovation etc. without obtaining prior permission of the
respondent No.2/MCD. The said affidavit be filed within
one week with a copy to the counsel for the petitioner as
also respondent No.1/DDA and respondent No.2/MCD.
ii. Immediately upon receipt of the aforesaid affidavit,
respondent No.2/MCD shall carry out an inspection of the
subject premises and compare the existing constructions
with the photographs submitted by respondent No.4 and
satisfy itself that the correct position has been brought
out. A record of the same shall be maintained by MCD.
The respondent No.2/MCD shall also videograph the entire
existing construction at the site at the expense of
respondent No.4 so as to ensure that when demolition
action is required to be undertaken later on, the
respondent No.2/MCD is in a position to compare the
construction existing with the construction proposed to be
demolished at that stage.
iii. The respondent No.2/MCD shall make sure that regular
inspections of the subject premises are carried out so that
no further unauthorized construction is undertaken by
respondent No.4 in the subject premises.
iv. A written intimation of this order shall also be
communicated by the respondent/MCD to the local police
for strict compliance.
(HIMA KOHLI)
FEBRUARY 24, 2012 JUDGE
'anb'
