Delhi High Court
Anuvarsha Gautam vs Mcd, Through Commissioner, & Ors on 20 March, 2012
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No.1585/2012
Decided on: 20.03.2012
IN THE MATTER OF
ANUVARSHA GAUTAM ..... Petitioner
Through : Mr. Rajiv Shukla, Adv.
versus
MCD, THROUGH COMMISSIONER, & ORS ..... Respondents
Through : Mr. Dev P. Bhardwaj,
Standing Counsel for R-1/MCD with
Mr. Ajay Sharma, AE.
Mohd. Aslam Khan, proxy counsel for
Mr. Rajiv Nanda, Adv. for R-4 with
SI Krishan Kumar.
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 respondent No.1/MCD to reseal premises bearing House/Plot
No.80 (C/5/1), Vashishth Park, New Delhi, and take appropriate action
against the owner/occupier of the subject premises in respect of the alleged
unauthorized construction carried out therein.
2. Appearance is entered on behalf of respondent No.1/MCD and
respondent No.4/Delhi Police, on advance copy.
3. It is submitted by learned counsel for respondent No.1/MCD that
a vacation notice dated 19.3.2012 has been prepared by the department for
service on the owner/occupier of the subject premises pointing out inter alia
that unauthorized construction exists on the stilt, ground floor, first floor and
second floor of the subject premises and further, calling upon them to
vacate the subject premises within 24 hours from the date of receipt of the
said vacation notice so as to enable MCD to take sealing/demolition action in
respect of the unauthorized construction. It is further stated that a request
has been forwarded by the MCD to the local police for providing adequate
police force to carry out a special demolition/sealing programme fixed for
30.3.2012. Copies of the aforesaid documents are handed over by the
counsel for respondent No.1/MCD, with an advance copy to the other side,
and are taken on record.
4. Counsel for respondent No.1/MCD states that respondent No.3
has submitted an application for regularization of the unauthorized
construction/deviation, which is also pending consideration.
5. Counsel for respondent No.4/Delhi Police states that on a
complaint filed by the petitioner, respondent No.1/MCD had sealed the
subject premises last year, but thereafter, respondent No.3 and her husband
had broken the said seal and had restarted the unauthorized construction at
the subject premises. He further states that on a complaint received from
respondent No.1/MCD, an FIR was lodged by respondent No.4/Delhi Police,
registered as FIR No.12/2012 and respondent No.3 and her husband had
been arrested in the case and later on they were released after bail had
been granted to them. It is further stated that the case is under
investigation.
6. Having regard to the submissions made by the counsels for
respondent No.1/MCD and respondent No.4/Delhi Police, it is deemed
appropriate to dispose of the present petition, with the following directions :
(i) Respondent No.1/MCD shall consider the pending application
submitted by respondent No.3 to it, for regularization of the
unauthorized construction/deviation carried out in the subject
premises and take a decision as per law, within a period of two
weeks from today. The decision taken shall be intimated to the
respondent No.3 as also to the petitioner herein.
(ii) Respondent No.1/MCD shall ensure that the sealing action slated
for 30.3.2012 in respect of the subject premises, is undertaken
on the date and time fixed, unless and until any injunction order
is granted by a competent court and so intimated to the
respondent No.1/MCD.
(iii) Respondent No.4/Delhi Police shall ensure that adequate police
force is made available to the officers of respondent No.1/MCD
to undertake the aforesaid sealing action on the designated date
and time.
(iv) After sealing action/demolition action is undertaken by
respondent No.1/MCD, the officers of respondent No.1/MCD as
also that of respondent No.4/Delhi Police, shall keep a vigil so as
to ensure that neither respondent No.2, nor any other party
tries to break the seal or restarts the construction in the subject
premises.
(v) If considered necessary, respondent No.1/MCD shall call upon
the Delhi Jal Board and the local DISCOM to disconnect the
water and the electricity supply to the subject premises, till the
unauthorized construction is demolished and the deviations
removed.
7. The petition is disposed of.
A copy of this order be given dasti to the counsels for the
respondents, under the signatures of the Court Maser.
HIMA KOHLI, J
MARCH 20, 2012
sk/mk
