Rajinder Kumar Goel vs North Delhi Municipal ...
2014 Latest Caselaw 507 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+                          W.P.(C) 590/2014
       RAJINDER KUMAR GOEL                               ..... Petitioner
                   Through:             Mr. Gaurav Duggal, Mr. Shyam S.
                                        Sharma & Mr. Sanjeev K.Baliyan,
                                        Advocates
                    versus
       NORTH DELHI MUNICIPAL CORPORATION & ORS.
                                                  ..... Respondents
                    Through: Ms. Puja Kalra, Adv. for R-1/NDMC
                             with Mr. Rajesh Yadav, JE(B), Karol
                             Bagh Zone
       CORAM:
       HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA

% SUDERSHAN KUMAR MISRA, J. (ORAL)

CM APPL. NO. 1186/2014 Exemption, as prayed for, is allowed, subject to all just exceptions. The application stands disposed off.

W.P.(C) 590/2014 The writ petitioner is aggrieved of the alleged unauthorised construction comprising of as much as six floors at property 6154/1, Street No. 5, Dev Nagar, Karol Bagh, New Delhi.

It is alleged that the said construction is entirely without authorisation and is illegal. It is further alleged that repeated complaints in this regard made to the authorities over a period of time have been ignored. Photographs showing the nature and extent of construction, and also the fact that it is nearly complete, have also been annexed.

Issue notice to the respondents to show cause as to why the petition be not admitted.

Counsel for the NDMC, who appears on advance notice, accepts notice and states that as a matter of fact, the building in question has been duly inspected and a show cause notice dated 27.01.2014, i.e., today itself has been issued. She further states that at present no construction activity appears to be going on in the premises.

In this context, this Court is constrained to note that at least from the exterior, the entire building appears to be complete. So, obviously, therefore, the building activity must be at an end. One of the key issues which will arise is the question as to how such an extensive construction was permitted to be commenced and thereafter carried out right upto this stage under the very noses of the officials deployed in the area. It is not as if the concerned officials are bereft of normal human faculties to have remained unconscious of such an ongoing construction.

Prima facie, it is evident that the concerned officers in the field, who are normally expected to be sensitive even to the collection of any building material at a site etc; are either remiss in their duties, or in some way complicit. Apparently, the concerned officials of the North Delhi Municipal Corporation, right from the staff in the field upwards, have not been vigilant, otherwise the offending construction would not have come up in the first place. These aspects are also kept open for the Commissioner, North Delhi Municipal Corporation to go into and fix responsibility.

Counsel for the NDMC further states that all necessary action including, inter alia, demolition, if so warranted, shall be carried out in a time bound manner and in any case within three months from today. In case any demolition action is carried out the same shall be complete in all respects and the Corporation shall itself remove all the malba and debris from the spot, whilst reserving its right to recover costs of such demolition

from the person or persons found responsible.

Counsel for the NDMC further states that necessary steps including, inter alia, issuing necessary instructions to all other statutory and Government bodies/authorities in this regard, shall be taken without any loss of time.

The statement of counsel for the NDMC is accepted by this Court and the MCD shall remain bound by the same.

The SHO, Police Station Karol Bagh, is also directed to render all necessary assistance to the officials of the Corporation in case the same is sought in carrying out its statutory duties.

The Commissioner, NDMC is directed to look into all aspects of this construction, including those indicated hereinabove, and to initiate any action that may be warranted against the officials concerned for any lapses that may be found on their part, after having conducted an appropriate inquiry.

Of course, the right of the private respondents to impugn the correctness and legality of any action that may be instituted by the Corporation in respect of the premises in question in terms of the law applicable remains unfettered.

Counsel for the petitioner states that in view of the aforesaid, he does not wish to press this petition any further.

Consequently, the petition is disposed off in the above terms. Dasti.

SUDERSHAN KUMAR MISRA (Judge)

JANUARY 27, 2014 rd