Delhi High Court
Afnan Rahees & Anr. vs North Delhi Municipal ... on 21 February, 2022
$~69
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 21.02.2022
+ W.P.(C) 3195/2022 & CM APPL. 9287-88/2022
AFNAN RAHEES & ANR. ..... Petitioners
versus
NORTH DELHI MUNICIPAL CORPORATION ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Imran Ahmad, Advocate.
For the Respondent: Mr. Anand Prakash, Standing Counsel, North DMC with
Ms. Varsha Arya and Mr. Akhil Raj, Advocates.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to the respondents not to take any
coercive action against the shops of the petitioners being shop Nos.56
& 59 on ground floor of property No.56-61 Chatta Lal Miyan, Fasil
Road, Delhi Gate, Delhi.
3. Further petitioner seeks a direction to the respondents not to
take any coercive action till disposal of the regularization application,
if moved with the Corporation.
Signature Not Verified
W.P(C) 3195/2022 Digitally Signed1
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:21.02.2022
Signing Date:22.02.2022 10:01:40 21:34
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
4. Learned counsel appearing for the respondent submits that
action has been taken as there was unuauthorised construction noticed
from ground floor upto the fifth floor. He submits that part demolition
action qua fourth and fifth floor has already been taken and further
action in accordance with law is being contemplated against the
subject property.
5. He submits that this property has been booked as far back as on
06.01.2017 for deviation/excess coverage at inter-alia the ground
floor.
6. Learned counsel submits that demolition order and sealing order
have been passed in respect of the subject property and vacation notice
has also been given. He further submits that the action of the
Corporation would be appealable before the Appellate Tribunal,
MCD.
7. Learned counsel for the petitioner submits that since petitioner
is a subsequent purchaser he has not received copies of the sealing
order or demolition order.
8. Let copies of the demolition and sealing order be furnished to
the petitioner through counsel within two days.
9. Learned counsel for the petitioner accordingly seeks leave to
withdraw the petition reserving the right of the petitioner to file an
appeal before the Appellate Tribunal, MCD and also to approach the
Corporation for regularization/compounding of the alleged
Signature Not Verified
W.P(C) 3195/2022 Digitally Signed2
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:21.02.2022
Signing Date:22.02.2022 10:01:40 21:34
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
unauthorized construction.
10. The Petition is accordingly dismissed as withdrawn. All rights
and contentions are reserved.
11. It is however, directed that for a period of 10 days from service
of the demolition and sealing order, no coercive action be taken
against the shops of the petitioner referred to hereinabove to enable
the petitioner to file an appeal before the Appellate Tribunal, MCD.
12. It is clarified that this protection shall enure to the benefit of the
petitioner for a period of 10 days after supply of copy of the said
orders or till the time the petitioner approaches the Appellate Tribunal,
MCD whichever is earlier.
13. The continuance of interim protection thereafter shall be subject
to orders to be passed by the Appellate Tribunal, MCD, if any.
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.
FEBRUARY 21, 2022
rk
Signature Not Verified
W.P(C) 3195/2022 Digitally Signed3
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:21.02.2022
Signing Date:22.02.2022 10:01:40 21:34
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
