Delhi High Court – Orders
Satish Kumar vs Municipal Corporation Of Delhi & Ors on 19 December, 2024
Author: Prateek Jalan
Bench: Prateek Jalan
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 17529/2024 & CM APPLs. 74661-74662/2024
SATISH KUMAR .....Petitioner
Through: Mr. Ankit Singh Sinsinwar and
Mr. Ravi Kumar, Advocates.
versus
MUNICIPAL CORPORATION
OF DELHI & ORS. .....Respondents
Through: Mr. Kapil Dutta, SC for MCD with
Mr. Vansh Luthra, Advocate.
Mr. Gaurav Barathi, Advocate for
R-3.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 19.12.2024
1. The petitioner has approached this Court, under Article 226 of the
Constitution, complaining of alleged unauthorised construction in
property bearing No. 886, Ward No. 8, Mehrauli, New Delhi- 110030
[“subject property”] and misuse of the subject property for commercial
purposes.
2. As far as misuse of the subject property is concerned, Mr. Kapil
Dutta, learned Standing Counsel for the Municipal Corporation of Delhi
[“MCD”], who appears on advance notice, submits that the subject
property has been inspected, and the petitioner’s contention regarding
misuse of the subject property has been found to be correct. MCD,
W.P.(C) 17529/2024 Page 1 of 3
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therefore, proposes to issue a sealing order under Section 345A of the
Delhi Municipal Corporation Act, 1957, and will take necessary steps in
this regard within three days from today.
3. As far as unauthorised construction is concerned, Mr. Dutta states
that the subject property will be inspected from this perspective also
within the next two days, and if necessary, a show cause notice will be
issued within one week from today. Further action will be taken
expeditiously in accordance with law.
4. In view of the above submissions on behalf of MCD, learned
counsel for the petitioner does not seek any further orders in this writ
petition, which stands disposed of alongwith the pending applications.
5. The rights and contentions of the parties or any owners/occupants
of the subject property are expressly reserved. MCD is directed to take
action strictly in accordance with law, and after complying with all
statutory formalities and bearing in mind the Supreme Court judgment
dated 13.11.2024 in In Re: Directions in the matter of demolition of
structures [WP (C) 295/2022 and connected matters].
6. In the event the petitioner has any further grievance with regard to
unauthorised construction, he is at liberty to approach the Special Task
Force [“STF”], constituted by the Supreme Court vide orders dated
24.04.2018 and 18.07.2018 in W.P.(C) 4677/1985 [M.C. Mehta vs Union
of India & Ors.]. This direction is made with reference to the decisions of
the Division Bench in Devender vs. Govt. of NCT of Delhi and Ors [order
dated 20.09.2018 in W.P.(C) 1807/2018], Sneh Lata & Anr. vs. North
Delhi Municipal Corporation & Anr. [order dated 08.04.2019 in LPA
245/2019], Fazruddin vs. DDA & Ors. [order dated 23.04.2019 in WP (C)
W.P.(C) 17529/2024 Page 2 of 3
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4649/2017], and in Himanshu vs. East Delhi Municipal Corporation &
Anr. [order dated 31.07.2023 in W.P.(C) 8104/2022], and decisions of
coordinate Benches in Abdul Gaffar vs South Delhi Municipal
Corporation & Ors. [order dated 28.02.2019 in W.P.(C) 1773/2019] and
Rashiduddin Malik vs. MCD & Ors. [order dated 02.09.2024 in WP (C)
12102/2024].
PRATEEK JALAN, J
DECEMBER 19, 2024
‘SS/JM’/
W.P.(C) 17529/2024 Page 3 of 3
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 17/01/2025 at 21:29:32