Delhi High Court
Vikash Sharma vs South Delhi Municipal ... on 29 November, 2017
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10414/2017
% Date of Decision: 29th November, 2017
VIKASH SHARMA ..... Petitioner
Through: Ms. Vijaylaxmi Jha, Adv.
versus
SOUTH DELHI MUNICIPAL
CORPORATION & ANR ..... Respondent
Through: Mr. Praveen Aggarwal, Adv.
for R-1.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C. HARI SHANKAR
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
1. This writ petition complains of illegal and unauthorized
constructions in property bearing House No.886 (opposite State
Bank of India) Ward No.8, Sarai Mehrauli, New Delhi - 110030.
2. The petitioner has filed the writ petition for the reason that
despite a complaint made to the respondent No.1 on 9 th November,
2017, no action has been taken so far.
3. Mr. Praveen Aggarwal, learned counsel for the respondent
No.1-South Delhi Municipal Corporation, appeared on advance
notice on 27th November, 2017 and sought time to file the status
report on behalf of the South Delhi Municipal Corporation. The
same has been handed over today in the Court, which is taken on
record.
4. For expediency of the matter, we extract the contents of the
status report which read as follows:
"2. That it is submitted that the field staff of the
answering Respondent /SDMC have inspected the subject
property i.e. adjoining House No.886, Ward No.8
opposite s.b.i bank, Sarai Mehrauli [as mentioned in the
instant petition by the petitioner herein], on 22/11/2017
and also referred the record available in this regard.
Upon perusing the same it has been revealed that as per
record of Building Department, South Zoe, SDMC, the
property in question has been identified as property
adjoining to Maruti Competent, Plot No.886, ward No.8,
Mehrauli, New Delhi.
3. That it is further submitted that the said property
already stands booked vide file No.593/UC/B-II/SZ/17
dated 10/11/2017, for unauthorized construction in the
shape of Stilt, Ground floor to Fourth floor for taking the
necessary demolition action u/s343/344 of DMC Act.
Upon following the due process of law in this regard the
necessary demolition order also stands passed by the
competent authority i.e. the then AE (Bldg), South Zone
on 17/11/2017. The copy of the demolition order/notice
in this regard is annexed herewith as Annexure R-1/A.
4. That furthermore, letter No.2420/AE(B)/SZ/17
dated 24/11/2017 u/s 344(2) of the DMC Act, has also
been sent to SHO, PS, Mehrauli with the request that the
said unauthorized construction be stopped immediately
and workmen present at site/property in question be
removed and construction material including the tools,
machinery, etc. be seized. Copy of the said letters are
annexed as Annexure-R-1/B.
5. That besides this letter for disconnection of
electricity and water supply from the aforesaid property
have been sent to the concerned authorities vide letter
No.2418/AE(B)SZ/17 dated 24/11/2017. Copy of the said
letter is annexed as Annexure R-1/C.
6. That, moreover, a letter baring
NO.2419/AE(B)/SZ/2017 dated 24/11/2017 has also been
sent to the Sub-Registrar with the request not to register
this property under Indian Registration Act, 1908. Copy
of the said letters is annexed as Annexure R-1/D.
7. That further it is also stated that in respect of the
property in question the necessary sealing proceedings
u/s 345-A of DMC Act and Prosecution action u/s 466-A
of the DMC Act, have also been initiated against the
owner/occupier of the subject property.
8. That furthermore, it is relevant to point out here
that in order to execute the aforementioned demolition
order, in respect of the property in question, the
department has fixed the demolition action on
06/12/2017 which will be taken /carried out upon
availability of police force."
5. The respondent No.1 shall ensure that the demolition is fully
effected and further that no occupancy, illegally or unauthorizedly,
permitted to be allowed in the said property in violation of Section
346 of the Delhi Municipal Corporation Act, 1957.
6. The respondent No.1 shall, within two days from today, also
place on record in the instant writ petition a list of all the officers of
the Building Department of South Delhi Municipal Corporation.
7. In view of the above, this writ petition is disposed of with a
direction that the respondent No.1 shall abide by the statements
made in the said status report.
8. The petitioner is at liberty to file an appropriate petition in
accordance with law in case there is violation of the statements
made in the status report or order of this Court.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
NOVEMBER 29, 2017/pmc
