Delhi High Court
Alok Kumar Gupta vs South Delhi Municipal ... on 23 October, 2019
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 23rd October, 2019
+ W.P.(C) 7552/2017
ALOK KUMAR GUPTA ..... Petitioner
Through: None
versus
SOUTH DELHI MUNICIPAL
CORPORATION & ORS ..... Respondents
Through: Ms. Mini Pushkarna, Standing
Counsel with Ms. Khushboo
Nahar, Ms. Shina Pandey and Ms.
Swagata Bhuyan, Advs. for
respondent no. 1
Mr. Gautam Narayan, ASC with
Ms. Shivani Vij, Adv. for GNCTD
Ms. Rhea Verma, Adv. for DDA
Mr. Rajat Sehgal, Adv. for
respondent no. 6
Mr. Ikrant Sharma and Ms. Divya
Upadhyay, Advs. for respondent
no. 7
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 23.10.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)
1. When the matter is called out, nobody appears for the petitioner.
Having heard counsel for the respondents and looking to the prayers in
this writ petition, which reads as under:-
"It is, therefore, most respectfully prayed that
this Hon'ble Court may kindly be pleased to
issue a writ, order or direction in the nature of
mandamus or any other nature or order, thereby
directing the Respondents to:
I. Pass an order directing the respondents to
inspect the area of Narmada Apartment in
Alaknanda under PS CR Park and ensure that
appropriate action should be taken against the
illegal constructions being done and those
already constructed including that at Flat No.
372 and 368 who have raised three floors
illegally.
II. Pass an order directing the respondents to
effectively act upon the complaint made by the
petitioner to the respondents annexed herewith
as ANNEXURE PI & P2.
III. Pass an order directing the respondents to
keep a check on illegal and unauthorized
construction in the Narmada Apartments,
Alaknanda and demolish/remove all existing
illegal constructions in the said area.
IV. Pass an order directing the respondents to
develop an effective and coordinated
web/Mobile application for the issues of illegal
and unauthorized construction in the city of
Delhi with the help of respondent No. 5 NIC.
V. Pass an order and Call for the records/status
report from the respondent No. 1-5 regarding
the acts of omissions and commissions and the
action taken by the Respondents. 1 and 2 and
allow the present Petition and issue appropriate
writ/order/direction specially in the nature of
writ of Mandamus thereby directing the
Respondents 1-5 to take appropriate legal
action against the illegal and unauthorized
construction of structure in respect of property
bearing Flat No.372 & 368 Narmada
Apartments, Alaknanda, New Delhi-110019.
VI. Pass appropriate writ, order, or direction
directing the Respondents 1-5 to not to
undertake any further or future construction in
the said property without the sanction plan and
without all permission/approval required in this
regard by the concerned authorities including
that of Respondent No. 1.
VII. Pass any other relief which this Hon'ble
Court may deem fit and proper also be granted
in favour of the Petitioners and against the
Respondents."
2. Having heard counsel for the respondents and looking to the status
report filed by the respondent no. 1 dated 23 rd October, 2017, especially
paragraphs 3 and 4 of the said report, it appears that actions have already
been initiated by the respondent no. 1 in accordance with law.
3. For the ready reference, paragraphs 3 and 4 of the status report
dated 23rd October, 2017 filed by the respondent no. 1 reads as under:-
"Flat No. 368, Narmada Apartments, Alaknanda,
New Delhi.
1. That the aforesaid property was booked for
unauthorized construction u/s 343/344 of DMC Act,
vide file No. 289/B/UC/EE(B)-I/CNZ/17 dated
04.05.2017, and as mandated a show cause notice
was issued on 04.05.2017 itself wherein the owner
was directed to show cause with respect to the
deviations made against the Standard Plan of DDA at
first floor. Copy of show cause notice dated
04.05.2017 is annexed hereto as ANNEXURE SD-1.
Upon following the due process, thereafter,
demolition order was passed on 17/05/2017, copy
annexed as ANNEXURE SD-2. and requisite
demolition action was taken on various dates i.e.
28.08.2017, 21.09.2017, 06.10.2017 and 09.10.2017
as per details given herein below:-
S. No. Date of Action Action Taken
1 28/08/2017 During the
course of action
demolished one
small room at
First
floor rear side.
2 21/09/2017 During the
demolition
action, partly
demolition was
taken on
balcony at First
floor rear side.
3 06/10/2017 & During the
09/10/2017 course of action
the extended
portion of the
Balcony and
chajja and one
toilet at Ist floor
was demolished
in the front
portion of the
flat.
The photographs taken during the aforesaid demolition
actions are annexed herewith as ANNEXURE SD-3
(COLLY).
ii. That the Building Department, South DMC also
wrote a letter dated 17.05.2017 to the SHO, Police
Station, CR Park to ensure that activity of
unauthorized construction going on in the flat in
question be stopped by the police immediately. Copy of
letter dated 17.05.2017 is annexed hereto as
ANNEXURE SD-4.
iii. That besides this sealing action u/s 345-A of
DMC Act, has also been initiated against the said
property and accordingly further action will be taken
in due course of time as per law.
4. Flat No. 372. Narmada Apartments.
Alaknanda, New Delhi
(i) That the unauthorized construction in the said
property was booked u/s 343/344 of DMC Act, vide file
No.285/UC/B-I/SZ/17 dated 23/08/2017 and as
mandated the necessary Show cause notice was issued
on the same day i.e. 23.08.2017 in which it was clearly
brought forth that there was deviation/excess coverage
against Standard Plan of DDA and second floor and
third floor (duplex) in the shape of room, covered
verandha, balcony etc. Copy of show cause notice
dated 23.08.2017 is annexed hereto as ANNEXURE
SD-5.
(ii) That upon following the due process in this regard
the necessary demolition order has also been passed
vide dated 08/09/2017, the copy of the same is annexed
herewith as ANNEXURE SD-6.
(iii) That further a letter dated 05.09.2017 was also
written by the Building Department, South Zone to
SHO, Police Station, OR Park to get the unauthorized
construction in the said flat stopped immediately. Copy
of letter dated 05.09,2017 written to SHO, PS, OR I
Park in this regard is annexed hereto as ANNEXURE
SD-7.
(iv) That pursuant to demolition order the department
has also carried out the demolition action was taken
on 06.10.2017 and 09.10.2017 as per details below:-
S.No. Date of Action Action Taken
1 06/10/2017 During the course of
action the extended
portion of the balcony
of second floor was
demolished in the front
portion of the flat
2 09/10/2017 During the course of
action the extended
portion of the balcony
of Second and third
floor was demolished in
front portion of the flat.
The photographs taken during the aforesaid
demolition actions are annexed ANNEXURE SD-3
COLLY.
(v) That moreover, a letter dated 11.10.2017 was
also written to the SHO, Police Station, CR Park
with the request to keep watch and ward over flat
Nos. 368 and 372 so that further construction /
reconstruction of demolished portion is not done in
any manner in the said flats. Copy of letter dated
11.10.2017 is annexed hereto as ANNEXURE SD-8.
(vi) That besides this sealing action u/s 345-A of
DMC Act, has also been initiated against the said
property and accordingly further action will be
taken in due course of time as per law."
4. Thus, in the property in question, the aforesaid actions have
already been initiated by the respondent no. 1. Therefore, we see no
reason to further monitor this case any more and hence, this writ petition
is disposed of accordingly.
CHIEF JUSTICE
C.HARI SHANKAR, J
OCTOBER 23, 2019
r.bararia
