Dr. Mohd. Sabir Khan vs South Delhi Municipal ...
2018 Latest Caselaw 5067 Del

#94

      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         Judgment delivered on: 27.08.2018



W.P.(C) 3282/2018 & CM Nos. 12901/2018 (direction) & 23262/2018
(for impleadment)
DR. MOHD. SABIR KHAN                                              .... Petitioner

                      versus



SOUTH DELHI MUNICIPAL CORPORATION                                 ... Respondent

Advocates who appeared in this case:
For the Petitioner  : Ms. Seema Singh, Advocate
For the Respondents : Mr. V. Madhukar and Mr. Jayendra Saveda, Advocates for
                      respondent No. 1.
                      Ms. Bandana Grover and Ms. Harsheeta, Advocates.

CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
                   JUDGMENT

SIDDHARTH MRIDUL, J (ORAL)

1. The present petition under Article 226 of the Constitution of India,

instituted on behalf of the petitioner prays as follows:

" a) Directing the Respondent to demolish the unauthorized and illegal construction over property No.C-50, Krishna Park, Devli Road, New Delhi, constructed upto 5 storey.

b) Any other relief which this Hon'ble Court may deem fit and proper, may be granted in favour of the petitioner, keeping in view overall facts and circumstances and also in the interest of justice."

2. Learned counsel appearing on behalf of the South Delhi Municipal

Corporation (SDMC) has filed a status/Action Taken Report. The same

is taken on record. A perusal of the said report reveals the following:

a) That the property bearing No. C-50, Krishna Park, Devli

Road, New Delhi (hereinafter referred to as 'the subject

property'), has been booked, vide File No. 138/UC/B-II/SZ/18,

dated 23rd March, 2018, for unauthorized construction in the shape

of Stilt to Fourth floor, without sanction/permission from SDMC,

for taking necessary demolition action under Section 343/344 of

Delhi Municipal Corporation Act (for short 'DMC Act').

b) It further reflects that the demolition orders have been

passed on 3rd April, 2018, by the competent authority i.e. the AE

(Bldg.), South Zone.

c) Furthermore that, a letter bearing No.D-127/AE(B)/SZ/18,

dated 11th April, 2018, under Section 344 (2) of the DMC Act, has

also been sent to the SHO, Police Station Neb Sarai, with the

request that, the said unauthorized construction be stopped

immediately and workmen present on the subject property be

removed and construction material including the tools, machinery,

etc. be seized.

d) It is observed that, a letter bearing No. D/125/AE

(B)/SZ/2018, dated 11th April, 2018, qua disconnection of

electricity and water supply, in relation to the subject property, has

already been sent to the concerned authorities.

e) It is also observed that, a letter bearing No.

D/126/AE(B)/SZ/2018, dated 11th April, 2018, has also been sent

to the Sub-Registrar, with a request not to register the subject

property under Indian Registration Act, 1908.

f) It is further observed that, the prosecution action under

Section 466-A of the DMC Act, has also been initiated against the

owner/occupier of the subject property and a complaint letter

bearing No.D-303/DC/SZ/2018, dated 2nd May, 2018, has already

been sent to concerned SHO, Police Station Neb Sarai.

g) It is lastly observed that, the sealing proceedings under

Section 345-A of DMC Act, has also been initiated and after

following due process of law, the necessary sealing order has also

been passed by the competent authority.

h) In pursuance of execution of the aforesaid demolition/sealing

orders, the following steps have been taken by the official

respondent.

S.No. Date of Action Action Taken

1. 26/04/2018 & Action could not be materialized since 13/06/2018 the action was taken on other property involved in other High Court matter.

2. 02/07/2018 Action could not be materialized due to non availability of police force.

3. 12/07/2018 During the course of action 02 RCC slabs have been demolished and steel bars cut with the help of gas cutter at Fourth floor and taking demolition action 02 flats have been sealed with (1+1) 02 sealing points at Fourth floor upon availability of police force.

i) After carrying out the demolition/sealing actions, another letter

bearing No.D-1273/AE(B)/SZ/2018, dated 13th July, 2018, has been sent

to the concerned SHO, Police Station, Neb Sarai, so that the demolished

portion is not restored/re-constructed and seal affixed by the department

is not tempered with.

3. In view of the foregoing, no further orders are called for, save and

except, to direct the SDMC to ensure that, no construction or activity is

carried out, in relation to the subject property, contrary to the provisions

of the building bye-laws and without obtaining a sanctioned plan

therefor.

4. The writ petition is disposed of accordingly. Pending applications

also stand disposed of.

SIDDHARTH MRIDUL (JUDGE) AUGUST 27, 2018 RS