Delhi High Court – Orders
Shameem Ahmad vs Municipal Corporation Of Delhi & Ors on 18 December, 2024
Author: Prateek Jalan
Bench: Prateek Jalan
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8460/2024 (Disposed of case)
SHAMEEM AHMAD .....Petitioner
Through: Mr. Vikas Aggarwal & Ms. Anshu
Mahaya, Advocates.
versus
MUNICIPAL CORPORATION
OF DELHI & ORS. .....Respondents
Through: Mr. Vishal Raj Sehijpal, SC for
MCD with Mr. Purushendra
Bhardwaj & Ms. Priyanka Handa,
Advocates for MCD.
Mr. Kshitij Chhabra, SPC for UOI
with Ms. Anushka Gupta,
Advocate for R-2/SHO, PS
Shaheen Bagh.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 18.12.2024
CM APPL. 69964/2024(CM For Restoration) and W.P.(C) 8460/2024
1. This is an application for restoration of W.P.(C) 8460/2024, which
was dismissed for non-prosecution by an order dated 10.07.2024.
2. By an order dated 02.12.2024, notice of the application was to be
served upon respondent Nos. 3 to 8. However, process fee has not been
filed and the said respondents have therefore not been served. Mr. Vikas
Aggarwal, learned counsel for the petitioner, submits that respondent
Nos. 3 to 8 be deleted, from the array of parties in the writ petition, at the
risk of the petitioner.
3. In view of this submission, respondent Nos. 3 to 8 are deleted from
W.P.(C) 8460/2024 Page 1 of 4
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the array of parties in the writ petition. Amended memo of parties be filed
within one week.
4. Mr. Vishal Raj Sehijpal, learned Standing Counsel for Municipal
Corporation of Delhi [“MCD”] and Mr. Kshitij Chhabra, learned Senior
Panel Counsel for respondent No. 2, which are the only remaining
respondents, are present and do not object to the restoration. The
application is therefore allowed and W.P.(C) 8460/2024 is restored to the
file of Court in its original number.
5. The writ petition is taken on board with the consent of learned
counsel for the appearing parties.
6. The writ petitioner seeks action in respect of alleged illegal and
unauthorised construction in Plot No. B -63, Shaheen Bagh, Okhla, New
Delhi.
7. As far as this aspect is concerned, Mr. Sehijpal has handed over to
the Court, a status report dated 17.12.2024, which is taken on record.
MCD has stated in the status report that the subject property was
identified as B-62/A, Shaheen Bagh, New Delhi in the presence of the
petitioner. The construction was found to be unauthorised, which was
initially detected on 03.05.2024, in respect of the ground floor to second
floor of the building and raising of walls and columns at the third floor. A
show cause notice dated 22.04.2024 was therefore issued to the
owners/occupiers of the property and a demolition order was passed on
03.05.2024. Work stop notice was also issued on 26.04.2024, and the
utility service providers were requested to disconnect the water and
electricity connection. It is stated in the status report that demolition
action took place on 31.05.2024, by demolition of two RCC Panels and
W.P.(C) 8460/2024 Page 2 of 4
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reinforcement bars on the first floor. Further demolition action took place
on 05.07.2024 and two RCC panels and reinforcement bars on the second
floor were demolished. Sealing proceedings were also initiated and a
sealing order was passed on 11.07.2024. On 05.07.2024, it was also
noticed that further unauthorised construction has been carried out in
respect of the 3rd to 5th floor of building and raising of columns on the 6th
floor. A further show cause notice was therefore, issued on 08.07.2024
which led to a demolition order dated 19.07.2024. Work stop notice was
again issued on 08.07.2024 and sealing order was passed on 27.08.2024
and the ground floor of the premises was sealed at one point on
20.09.2024.
8. On 04.12.2024, a further inspection has been carried out which
revealed further construction and tempering of seal affixed by MCD. A
third show cause notice has therefore been issued to the owners/occupants
on 04.12.2024 and action is contemplated after considering the reply to
the show cause notice, if any. Further demolition action is also fixed on
26.12.2024. Mr. Sehijpal submits that such action, including action in
respect of tempering of the seals, will be taken expeditiously and
preferably within six weeks from today, in accordance with law, subject
to availability of the police force and lifting of Graded Response Action
Plan-IV [“GRAP-IV”] restrictions.
9. Mr. Sehijpal states that in view of GRAP-IV restriction presently in
place in Delhi, no construction activities are permissible and MCD will
coordinate with the concerned Station House Officer to maintain vigil and
ensure that the restrictions are not breached in any way.
10. As MCD is in seisin of the issue, and is taking action, no further
W.P.(C) 8460/2024 Page 3 of 4
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orders are required in this writ petition. The writ petition is therefore
disposed of in terms of the aforesaid contentions of the MCD.
11. The rights and contentions of any owners/occupants of the subject
property are reserved. MCD is directed to take action strictly in
accordance with law, and after complying with all statutory requirements
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].
12. 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)
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 18, 2024/’pv/kb’/
W.P.(C) 8460/2024 Page 4 of 4
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 21:25:40