Delhi High Court
Sh. Sandeep Kumar vs South Delhi Municipal ... on 27 January, 2022
$~25 & 26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 27th January, 2022
+ W.P.(C) 8411/2021 & CM. APPL. 25989/2021
SH. SANDEEP KUMAR ..... Petitioner
versus
SOUTH DELHI MUNICIPAL CORPORATION & ORS. ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Aly Mirza, Advocate.
For the Respondent: Mr. Siddhant Nath, Standing Counsel for SDMC.
Mr. Sanjay Dewan, Advocate for Mr. Raman Rahani (R-4)
Ms. Jyoti Taneja and Mr. Vidur Kamra, Advocates for GNCTD
along with SI Rajender, P.S. Hazrat Nizamuddin
and
+ W.P.(C) 10295/2021
RAMAN RAHANI ..... Petitioner
versus
SDMC & ANR. ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Sanjay Dewan, Advocate
For the Respondent: Mr. Gaganmeet Singh Sachdeva, Additional Standing Counsel
for SDMC.
Mr. Aly Mirza, Advocate for R-2.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:27.01.2022
Signing Date:28.01.2022 08:48:12 22:46
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
SANJEEV SACHDEVA, J
1. The hearing was conducted through video conferencing.
2. Learned counsel for respondent/SDMC in W.P. (C) 10295/2021 has
shared status report over the e-mail of the Court Master. The same is taken
on record.
3. Petitioner in W.P. (C) 8411/2021 seeks a Mandamus to respondent
No.1/South Delhi Municipal Corporation to demolish the alleged illegal
unauthorized construction raised by respondent No.4 on the third floor of
property number 6/33A, opposite Kargil Park, Jangpura B, New Delhi.
4. W.P. (C) 10295/2021 is a petition filed by respondent No.4 in W.P.
(C) 8411/2021 seeking a Mandamus to be issued to respondent No.1/South
Delhi Municipal Corporation to take action alleged illegal unauthorized
construction raised on the first and second floor of the subject property by
the petitioner in W.P. (C) 8411/2021.
5. Respective status reports have been filed by the Corporation in both
the petitions.
6. In W.P. (C) 8411/2021, status report records that the ground, first
and second floor of the subject property was found to be old constructed
and residentially occupied. However, fresh unauthorized construction of a
room having tin shed at third floor was found and action has been initiated
and a demolition order qua the same has been passed on 27.08.2021.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:27.01.2022
Signing Date:28.01.2022 08:48:12 22:46
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
7. The first status report filed on 27.09.2021 in W.P. (C) 10295/2021
states that the ground, first and second floor are old and occupied.
However, as excess coverage/deviation was found at the ground, first and
second floor, action has been initiated and show cause notice has been
issued on 22.09.2021 to the owners/occupants of ground, first and second
floor.
8. A second status report has been filed in W.P. (C) 10295/2021,
stating that the deviations on the first and second floor were found to be
protected under the National Capital Territory of Delhi Laws (Special
Provisions) Second (Amendment) Act, 2020. However, a demolition order
qua the ground floor of the subject property has been passed.
9. Learned counsel appearing for (Mr. Raman Rahani) petitioner in
W.P. (C) 10295/2021, who is the owner/occupier of ground floor and third
floor of the subject property, submits that the orders passed by the
Corporation are illegal and motivated. He reserves the right to challenge the
same in accordance with law.
10. Since the respondent/Corporation has filed status reports with
respect to the respective properties and stated that they shall be taking
action in accordance with law, these petitions are disposed of, directing the
respondent/Corporation to take action in accordance with the status reports
filed before the Court and in accordance with law.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:27.01.2022
Signing Date:28.01.2022 08:48:12 22:46
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
11. It is, however, clarified that this would be without prejudice to the
right of the owners/occupiers to defend proceedings in accordance with law
by initiating appropriate proceedings before the Appellate Tribunal, MCD.
12. It is directed that in case any proceedings are initiated by the
owners/occupiers, the same would be dealt with by the Appellate Tribunal,
MCD without being influenced by anything stated in this order.
13. It is further directed that for a period of two weeks from today, no
coercive action shall be taken so that the owners/occupiers can avail of the
remedy of appeal.
14. It is clarified that the protection shall lapse on the expiry of the
period of two weeks or listing of the appeals whichever is earlier and
continuance of interim protection thereafter would be subject to orders to
be passed by the Appellate Tribunal.
15. Petitions are accordingly disposed of in the above terms. All rights
and contentions of the parties are reserved.
16. Copy of the order be uploaded on the High Court website and be
also forwarded to learned counsels through e-mail by the Court Master.
SANJEEV SACHDEVA, J
JANUARY 27, 2022
NA
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:27.01.2022
Signing Date:28.01.2022 08:48:12 22:46
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
