Delhi High Court – Orders
Prem Prakash Sharma vs Municipal Corporation Of Delhi & Ors on 9 April, 2025
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12941/2022
PREM PRAKASH SHARMA .....Petitioner
Through: Mr. Vikram Nandrajog, Mr. Kartik
Wadhwa, Advocates (M:9810097083)
versus
MUNICIPAL CORPORATION OF DELHI & ORS. ...Respondents
Through: Ms. Arti Bansal, ASC with Ms. Shruti
Goel, Advocate for MCD
(M:9999442349)
Mr. Bhagvan Swaroop Shukla, CGSC
with Mr. Sarvan Kumar, Mr. Satyam
Singh, Advocates for Delhi Police
Mr. Gandharv Anand, Advocate for
R-3 (M:7020589021)
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 09.04.2025
1. The present writ petition has been filed seeking directions to restrain
the respondent no. 3 from carrying out illegal and unauthorized construction
in the property bearing no. 1170, Kucha Mahajani, Chandni Chowk, Delhi-
110006, which has been done without any sanction/permission from
respondent no. 1.
2. Learned counsel for petitioner submits that vide order dated 07th
September, 2022, Local Commissioner was appointed, who filed the report.
3. Attention of this Court is drawn to the report of the Local
Commissioner, wherein, the Local Commissioner has referred to the
construction of the basement by respondent no. 3.
W.P.(C) 12941/2022 Page 1 of 5
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4. Learned counsel for the petitioner also relies upon the photographs
filed along with the report of the Local Commissioner, to submit that
basement has been constructed by respondent no. 3.
5. He also relies upon the compliance affidavit filed on behalf of
Municipal Corporation of Delhi (“MCD”) on 06th January, 2024, wherein, it
has been stated that there is no sanctioned building plan in respect of
property of respondent no. 3 in the records of MCD.
6. Learned counsel for the petitioner also relies upon the Status Report
of the MCD dated 11th August, 2023, wherein, it has been stated that there is
unauthorized construction in the shape of basement and amalgamation with
adjacent property.
7. The relevant paragraph of the Status Report of MCD dated 11th
August, 2023, reads as under:
“xxx xxx xxx
5. That it is respectfully submitted that after scrutinizing the report of
Local Commissioner, an independent inspection was carried out on
20.02.2023 by the field staff of the answering respondent wherein no
fresh construction was found at site, however unauthorized
construction in the shape of basement and amalgamation with
adjacent property was noticed in property bearing no.1170 (Neha
Jewellers), Kucha Mahajani, Chandni Chowk, Delhi-110006 and as
the construction was without any sanctioned building plan, action
under section 343 & 344 of the DMC Act was initiated against the
property in question vide file no.37/UC/74/B-II/CSPZ/2023 dated
20.02.2023 and a show cause notice dated 20.02.2023 was issued to
the owner namely Smt. Sadhna Aggarwal to show cause as to why
demolition order be not passed in respect of aforesaid unauthorized
construction.
xxx xxx xxx”
(Emphasis Supplied)
8. Per contra, learned counsel appearing for respondent no. 3 draws the
attention of this Court to the order dated 13th June, 2023, passed by the
W.P.(C) 12941/2022 Page 2 of 5
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office of Executive Engineer, MCD Delhi, and in particular to the following
paragraphs:
“xxx xxx xxx
And whereas, the undersigned have gone through the inspection
report and material available in the file, it is apt to mention herein
that the booked construction in form of unauthorized construction of
basement and amalgamation with adjacent property booked vide file
No. 37/UC/ 74/B-Il/CSPZ/2023 dated 20/02/2023 was only for
amalgamation with Property No.1240, Kucha Mahajani, Chandni
Chawk, Delhi. The undersigned perused the documents submitted
during hearing i.e. copies of electricity bill having energization date
as 08/04/1999, 21/05/2009, 30/08/1996, copy of Membership
Certificate for the year 2023, Inspection Report of Property Tax
Department dated 01/04/2002 having details of ground floor and
mezzanine floor, copy of notice issued by Property Tax Department
deciding the rateable value of the property w.e.f. 01/04/2002, copy of
issuance of Sale Tax Number by Sales Tax Department, copy of
Annexure ‘D’ dated 30/03/2003, Legal Notice dated 03/10/2022, copy
of Sale Deed dated 25/04/2022, order of National Company Law
Tribunal, New Delhi dated 24/12/2020, payments receipts of Property
Tax Department of various years and photographs of the property. It
is Imperative to note that all the documents submitted by the owner is
for Property No.1170/Il, Kucha Mahajanl instead of Property
No.1170, Kucha Mahajani. Perusal of the documents submitted by
the owner of the property and Inspection Report of the JE(B)
concerned it is evident that the owner has not constructed the
basement in the property and has done amalgamation in the
property and hence the same is liable to be demolished.
And now, therefore, In view of above, I, Abdul Majid, Assistant
Engineer (Bldg.); Building Department-II, City-S.P. Zone, MCD In
exercise of the powers delegated by Commissioner, MCD under
Section 343(1) read with Section 491 of Delhi Municipal Act, 1957,
order Ms. Sadhna Rani, w/o Shri Sanjeev Kumar Aggarwal, to
demolish/remove “amalgamation in Property No.1170, Kucha
Mahajani with Property No.1240, Kucha Mahajani” in Property No.
1170, Kucha Mahajani, Chandni Chowk, Delhi-110006 within six
days of the receipt of this order, failing which the same will be
demolished at your risk & cost and demolition charges will be
recovered from the owner of the property as per rules. Regarding
unauthorized construction of basement as booked vide file
No.37/UC/74/B-II/CSPZ/2023 dated 20/02/2023, I am of the view the
same is Lower Ground Floor instead of basement, duly establishedW.P.(C) 12941/2022 Page 3 of 5
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on the basis of documents submitted by the owner of the property as
well as Inspection Report of the Junior Engineer (Bldg.)-II, City
SPZ.
xxx xxx xxx”
(Emphasis Supplied)
9. By referring to the aforesaid order, it is the case of respondent no. 3
that no basement has been constructed by respondent no. 3. Rather, the same
is in the nature of Lower Ground floor, as recognized by the MCD.
10. Learned counsel for respondent no. 3 submits that pursuant to the
aforesaid order dated, 13th June, 2023, a sealing order had been passed by
the MCD, which has been challenged by respondent no. 3 before the
Appellate Tribunal MCD (“ATMCD”). He further submits that the
petitioner herein has already been granted liberty by the learned ATMCD to
make his submissions before the said Authority.
11. Learned counsel for respondent no. 3 further submits that construction
in the property of respondent no. 3 has been in existence since the year
2002. He, thus, submits that the same is protected under The National
Capital Territory of Delhi Laws (Special Provisions) Act, 2017.
12. Responding to the aforesaid submissions, learned counsel for the
petitioner submits that findings given by the MCD in the order dated 13th
June, 2023, are completely wrong and in contravention to the earlier Status
Report filed on behalf of the MCD.
13. He submits that the Status Reports filed by the MCD, as well as report
of the Local Commissioner, points out to the existence of a basement.
14. Be that as it may, once MCD has already given a finding with regard
to the construction in the nature of Lower Ground Floor and not basement,
in case, the petitioner is aggrieved by the said findings, the petitioner is at
W.P.(C) 12941/2022 Page 4 of 5
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liberty to challenge the same, as per law.
15. Considering the fact that on the basis of the aforesaid order dated 13th
June, 2023, passed by the office of the Executive Engineer (Building)-II,
MCD, the MCD has already initiated action against the property of the
respondent no.3, which is now the subject matter of an appeal before learned
ATMCD, this Court is of the view that no further orders are required to be
passed, in the present proceedings.
16. With the aforesaid directions, the present petition is disposed of.
MINI PUSHKARNA, J
APRIL 9, 2025
au
W.P.(C) 12941/2022 Page 5 of 5
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 14/04/2025 at 21:49:22