Delhi High Court
Harish Kumar vs The Commissioner, South Delhi ... on 23 February, 2015
Author: Rajiv Shakdher
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1121/2015 and CM No.2872/2015 (stay) and CM No.
1995/2015 and CM No._____/2015 (to be numbered) for stay
HARISH KUMAR ..... Petitioner
Through: Mr. G. Tushar Rao and Mr. Aatriya
Singh, Advocates
versus
THE COMMISSIONER, SOUTH DELHI
MUNICIPAL CORPORATION & ORS ..... Respondents
Through: Mr. Ajay Digpaul, Advocate for R-1
Mr. Ajay Verma, Advocate for R-2/DDA
Ms. Zubeda Begum, Standing Counsel with Ms.
Sana Ansari, Advocate alongwith SHO, South
Campus for R-3
Dr. L.S. Chaudhary, Mr. Ajay Chaudhary and Ms.
Pratibha Gupta, Advocates for R-4
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 23.02.2015
1. Pursuant to the hearing held on 21.02.2015, status reports have been
filed on behalf of respondent no.1/ SDMC and the concerned SHO, who is,
in effect, proceeded against via respondent no.3 and DDA i.e., respondent
no.2.
2. The sum and substance of the status reports filed before me are as
follows :-
(i). The subject "Mazar" is situate on abadi land in Khasra no.224, in the
Arak Pur Bagh Mochi Village, located at Nanakpura, New Delhi.
(ii). That the aforementioned land is owned by DDA.
(iii). That unauthorised construction around the "Mazar" has come up.
(iv). The concrete wall as well as pillars have been erected at the subject
site without permission of either the land owning agency i.e., DDA or
respondent no.1 / SDMC.
(v). A communication in that behalf, it appears, has been exchanged
between SDMC and the concerned SHO.
(v)(a). To be noted, a communication dated 19.02.2015 addressed by
respondent no.1 i.e., SDMC to the Dy. Commissioner of Police, South
District, Hauz Khas, New Delhi, has been copied to the Delhi Waqf Board,
SDM Khas and the Dy. Director (LM), South, DDA.
2. Pertinently, respondent no.4 has not been able to contradict that the
aforementioned land is not owned by DDA.
2.1 Having regard to the above, the learned counsel for respondent no.4
says that he would have no objection if the authorities concerned would
maintain the subject site and suitably beautify the same.
2.2 The learned counsel for the petitioner also says that he has no
difficulty if the "Mazar" is maintained at the subject site.
2.3 It is the counsel's concern that unauthorised construction has come up
which is affecting the interest of the residents of houses located in and
around the subject site. To be noted, the petitioner's brother is an occupant
of a residential property, which is numbered as House No: 71 which, as
noted in the first order of this court dated 04.02.2015 abuts the subject site.
3. In these circumstances, respondent no.1 / SDMC is directed to
provide all necessary assistance to enable demolition of unauthorised
construction in and around the Mazar. The concerned exercise will be
undertaken in the presence of the officers of the DDA.
3.1 DDA shall thereafter take necessary steps to beautify the area in and
around the Mazar, and to achieve this end, they would, inter alia, plant trees
and saplings, etc.
3.2 The concerned SHO will render necessary assistance by providing
requisite police force for enabling respondent no.1/SDMC to undertake the
aforesaid exercise. Respondent no.1/SDMC shall give at least three (3) days
notice to the concerned SHO to enable him to deploy adequate police force.
3.3 Needless to say, if any unauthorised construction has been carried out
by the petitioner, the same shall also be actioned by respondent no.1 i.e.,
SDMC. Counsel for the petitioner says that he has no objection to such an
action being taken qua any unauthorised construction being carried out in
House no.71. It is made clear that action, if any, qua the unauthorised
construction, if any, in House No.71 or, any other property in and around the
subject site, will be taken after following due process of law.
3.4 De-sealing will be carried out by respondent no.1/SDMC for the
aforesaid purposes.
3.5 The Government agencies shall carry out the aforesaid exercise as
expeditiously as possible, though no later than four (4) weeks from today.
3.6 On a case to case basis, though the concerned SHO, will give access
to the residents of the village to the Mazar if permission is sought to offer
prayers.
3.7 The concerned SHO, is put to notice that he will be personally
responsible, if the access granted by him is used to carry out any further
unauthorised construction. An intimation received in that behalf will be
communicated to respondent no.1/ SDMC.
4. The captioned petition and the pending applications are, accordingly,
disposed of.
5. The date earlier fixed in the matter i.e., 15.05.2015 shall stand
cancelled.
6. Dasti under the signatures of the Court Master.
RAJIV SHAKDHER, J
FEBRUARY 23, 2015
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