Delhi High Court
Murat Tyagi vs South Delhi Municipal ... on 9 August, 2018
#31
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 09.08.2018
W.P.(C) 2975/2017
MURAT TYAGI ..... Petitioner
versus
SOUTH DELHI MUNICIPAL CORPORATION
& ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Dinesh Kumar, Advocate
For the Respondents :Mr. Ajjay Aroraa and Mr. Kapil Dutta, Advocates for SDMC
Mr. Satpal Sharma, Advocate for R-3
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
JUDGMENT
SIDDHARTH MRIDUL, J (ORAL)
1. The present petition under Article 226 of the Constitution of India
prays as follows:-
"(a) issue an appropriate writ, order and/or direction in the
nature of Mandamus and/or any other appropriate writ, order
and/or direction in the like nature in favour of the petitioner
and against the respondents whereby directing the respondent
No.1 to demolish the Construction made by the respondent
No.3 at property bearing No.167, Village Chhatarpur, New
Delhi in violation of section 332 of DMC Act.
(b) issue an appropriate writ, order and/or direction in the
nature of Mandamus and/or any other appropriate writ, order
and/or direction in the like nature in favour of the petitioner
and against the respondents whereby directing the respondent
No.2 to register Case under appropriate sections of law
against the respondent No.3 violation of section 332 of DMC
Act.
(c) issue any other appropriate writ, order and/or direction in
the like nature in favour of the petitioner and against the
respondents which this Hon'ble Court may deem fit and
proper in the facts and circumstances of the case, to meet the
ends of justice."
2. The petitioner and the respondent No.3 are brothers and a number of
proceedings are pending inter se, in relation to the property bearing No.167,
Village Chhatarpur, New Delhi (hereinafter referred to as 'subject property').
3. In terms of the directions issued by this Court on 01.08.2017, the
SDMC has filed a status report/action taken report authored by the Executive
Engineer (B)-II/South Zone, SDMC on 08.08.2018.
4. A perusal of the said report reflects that, the following demolition
action has been taken by the SDMC, in relation to the subject property:
S.No. Date of Action Action Taken
1. 25/09/2017 During the course of
action RCC
Projection/Chajja of
Roof slab of Ground
floor has been
demolished upon
availability of police
force, Rest of the
property was found
occupied.
2. 17/11/2017 Action could not be
taken/carried out due
to property was found
locked.
Considering the same
a lock breaking notice
u/s 433 and 435 of
DMC Act has been
issued vide bearing
No.D-2312/EE(B)-
II/SZ/2017 dated
21/11/2017
3. 24/012018 During the action 01
room has been sealed
by affixing seal at
Gate at 01 point at
Ground floor upon
availability of police
force.
5. The SDMC has also addressed a communication bearing
No.3000/EE(B)-II/SZ/2018 to the concerned SHO, Mehrauli for watch and
ward, so as to ensure that, the seals affixed on the subject property are not
tampered with, pursuant to the action taken by them on 24.01.2018.
6. Lastly, a perusal of the said status report reflects that, the Vigilance
Department of the South Delhi Municipal Corporation vide order dated
21.11.2017, has initiated departmental proceedings against the erring officials,
namely, Sh. Ashok Kumar, Executive Engineer; Sh. S.K. Jain, Assistant
Engineer and Sh. Karan Singh, Assistant Law Officer, in terms of the
directions of this Court dated 01.08.2017.
7. In view of the foregoing, no further directions are called for in the
present petition.
8. Even otherwise, proceedings under Article 226 of the Constitution of
India cannot be used as a vehicle to arrive at settlement of disputes between
private parties, unless there is any demonstrable infraction of a statute.
9. With the above directions, the present petition is disposed of
accordingly.
SIDDHARTH MRIDUL
(JUDGE)
AUGUST 09, 2018
as
