Delhi High Court
Swami Chakrapani Ji Maharaj vs Union Of India & Ors on 6 October, 2021
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 06th October, 2021
+ W.P.(C) 6728/2019& CM APPLN. 28277/2019, 13977-78/2021
SWAMI CHAKRAPANI JI MAHARAJ ..... Petitioner
versus
UNION OF INDIA & ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Rajesh Raina, Advocate
For the Respondents: Mr. Ripudaman Bhardwaj, CGSC and Mr. Kushagra Kumar,
Advocate for UOI
Mr. Tushar Sannu, Advocate, NDMC with Ms. Ankita
Bhadouriya, Mr. Shubham Gupta, Advocate for NDMC
Mr. T.S. Nanda, Adv with SI Sandeep Kumar, PS, Mandir Marg
for R-3
Mr. Shyam Moorjani, Mr. Tarun Goomber, Mr. Saurabh Singh,
Advocates for R-4
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J.
1. The hearing was conducted through video conferencing.
2. Petitioner seeks a direction against the respondent to stop
illegal/unauthorized construction/excavation at South India Club, Mandir
Marg and further seeks cancellation of the building sanction plan. Further
petitioner seeks a direction to respondent no. 4 to repair damage caused to
Hindu Mahasabha Bhawan at his own expense besides claiming
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:06.10.2021
Signing Date:07.10.2021 08:35:11 23:24
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
compensation.
3. Learned counsel appearing for NDMC submits that a building plan
has been sanctioned and the construction is being carried out as per the
sanctioned building plan.
4. This Court by order dated 22.07.2021 had directed the NDMC to
carry out surprise inspection of the subject property to ascertain as to
whether the directions of the Council are being complied with or not.
5. Status report dated 05.10.2021 has been shared over the e-mail of the
Court Master. The same is taken on record.
6. As per the status report, a surprise inspection was carried out at the
site by the Assistant Architect of EBR Department in order to verify
adherence to the sanctioned building plan as well as the environmental
norms.
7. Status report indicates that the Special Technical Team found that all
guidelines mentioned in the letter of revalidation dated 09.03.2021 were
being followed at the subject premises. It is further stated that the NDMC
is taking all necessary steps to ascertain that the guidelines mentioned in the
revalidation of letter dated 09.03.2021 are followed by respondent no. 4.
8. In view of the said status report, learned counsel for the petitioner
does not press his petition. He, however, prays that a direction be issued to
respondent no. 4 to repair the damage caused to Hindu Mahasabha Bhawan
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:06.10.2021
Signing Date:07.10.2021 08:35:11 23:24
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
at his own expenses.
9. Learned counsel appearing for respondent no. 4 disputes that any
damage has been caused on account of the construction activity. He,
however, submits that as construction is being carried out at the site and
labour, material and equipment are available at the site, Respondent no. 4,
without prejudice, undertakes to repair the entire boundary wall between
the two properties which is broken or where cracks are visible.
10. The undertaking is accepted.
11. Accordingly, this petition is disposed of directing that the boundary
wall between the two properties be repaired by respondent at his own
expenses within a maximum period of four weeks from today.
12. Learned counsel for the petitioner submits that petitioner would have
no objection to respondent no. 4 carrying out the said repair at his own
costs.
13. It is clarified that this would be without prejudice to the rights and
contentions of the parties.
14. Copy of the order be uploaded on the High Court website and be
also forwarded to learned counsels through email by the Court Master.
SANJEEV SACHDEVA, J
OCTOBER 6, 2021/'rs'
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:06.10.2021
Signing Date:07.10.2021 08:35:11 23:24
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
