Delhi High Court
Universal Human Rights ... vs Commissioner-Mcd And Ors. on 19 February, 2018
$~31
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10051/2017
% Date of decision : 19th February, 2018
UNIVERSAL HUMAN RIGHTS COMMISSION ..... Petitioner
Through : Mr. Ashish Aggarwal, Adv.
versus
COMMISSIONER-MCD AND ORS. ..... Respondents
Through : Mr. Kapil Dutta for
Mr. Ajjay Aroraa, Adv. for R-
MCD
Ms. Prabhsahay Kaur, Adv. for
R-GNCTD
SI Shri Bhagwan from PS Neb
Sarai
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 pertains to an order of demolition dated 15th
January, 2016 passed by the South Delhi Municipal Corporation in
respect of the property admeasuring approximately 300 yds. adjoining
the Yadav Complex, School Road, Khanpur Village, Khanpur, New
Delhi within the jurisdiction of PS Neb Sarai, New Delhi in respect of
unauthorized construction allegedly raised by respondent no.7/Sh.Ram
Singh/Billu Choudhary.
2. This demolition order was issued after the Corporation had
issued a notice under Section 344(1) of the Delhi Municipal
Corporation Act, 1957 dated 23rd December, 2015.
3. In this background, the writ petitioner sought issuance of a writ
of mandamus to the respondents to execute the said demolition order.
4. The South Delhi Municipal Corporation has filed a status report
dated 2nd January, 2018 submitting that Sh. Ram Singh the
owner/occupier has assailed the action taken and the orders passed by
the South Delhi Municipal Corporation by way of appeal bearing no.
1000/2017, Ram Singh v. SDMC before the Appellate Tribunal, MCD.
It appears that no order of stay was granted by the ATMCD in favour
of this builder, against the orders, which order has been assailed by
way of an appeal bearing no. CIS-MCD Appeal No.06/2017 before the
District & Sessions Judge, Saket, New Delhi and an interim stay has
been granted. The last date of hearing in this case, as per the status
report, was the 25th January of 2018. The South Delhi Municipal
Corporation has expressed inability to execute the order of demolition
in view of these legal proceedings.
5. Clearly, further action in the matter has to abide by the outcome
of the proceedings initiated by the owner/occupier. The SDMC shall
ensure that all steps in accordance with law are taken.
This writ petition is disposed of with the above direction.
6. It shall be open for this writ petitioner to make an appropriate
application to bring on record such facts, as are relevant and deemed
necessary by it, in the pending legal proceedings. As and when such
application is filed, orders shall be passed thereon in accordance with
law. We make it clear that we have not expressed any opinion on the
merits of the case.
Dasti to parties.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
FEBRUARY 19, 2018/kr
