Mr. M.S. Bammi, Advocate v. THE COMMISSIONER MCD OF DELHI ORS

Through: Mr. Mukesh Gupta, Standing Counsel with Mr. Sachin Singh, Mrs. Shashi Gupta, Mr. Arnav Gupta and Mrs. Priya Singh, Advocates for MCD/Respondents No. 1 and 2/MCD. Mr. R.K. Dhawan, Standing Counsel with Ms. Nisha Dhawan, Mr. V.K. Teng, Mr. Naman Kumar Thakur, Mr. K.R. Madhar and Ms. Jyoti Sahai Joshi, Advocates for R-4/DDA. CORAM: HON’BLE MS. JUSTICE JYOTI SINGH O R D E R 08.01.2025 % C.M. APPL. 170/2025 1. 2. Application stands disposed of. Allowed, subject to all just exceptions. W.P.(C) 58/2025 & C.M. APPL. 171/2025 3. This writ petition is preferred on behalf of the Petitioner under Articles 226 and 227 of the Constitution of India seeking the following reliefs:- “a) Issue a writ of mandamus or any other appropriate writ directing the respondents no.1 to 4 to take necessary actions, more probably passing of sealing orders, against the respondent no.5 for causing illegal and unauthorized structural changes at subject property i.e. property bearing no.A-1/130A, Maa Shakti Apartment, Paschim sanction from competent authority i.e. respondents no. 1 and 2; and/or W.P.(C) 58/2025 Page 1 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 24/01/2025 at 12:52:33 b) Issue a writ of mandamus or any other appropriate writ directing the respondents no.1 to 4 to demolish the construction raised on municipal land in public street outside the subject property i.e. property bearing no. A- 1/130A, Maa Shakti Apartments, Paschim Vihar, New Delhi-110063 which is totally illegal/unauthorized and has been constructed in total derogation with and against the unified building bye laws and municipal norms; and/or c) Issue a writ of prohibition or any other appropriate writ directing respondents no.1 to 4 to restrain respondent no.5 from continuing with illegal and unauthorized structural changes at subject property i.e. property bearing no. A-1/130A, Maa Shakti Apartment, Paschim Vihar, New Delhi-110063 by way of passing sealing order against respondent no.5; and/or”

4. 5. Issue notice. Counsels, as above, accept notice on behalf of the respective Respondents. 6. Mr. Mukesh Gupta, learned Standing Counsel appearing on behalf of Respondents No. 1 and 2/Municipal Corporation of Delhi (‘MCD’), on instructions, submits that after the alleged illegal and unauthorized construction was brought to the notice of MCD, a letter was written to the SHO of the concerned area on 06.01.2025 bringing to his notice the alleged encroachment/unauthorized construction at Flat No. A-1/130-A, Ground Floor, Maa Shakti Apartments, Paschim Vihar, New Delhi in order to ascertain the factual position of the construction. On the same day, a letter was also sent to the owner/occupier/builder of the flat in question to apprise the factual position with respect to the construction in the flat as also to provide copy of the standard building plan of DDA, site plan or any other relevant document within 3 days and further action is being taken. Copies of the letters handed over in Court are taken on record. 7. Having said so, Mr. Gupta submits that the appropriate remedy of the Petitioner is to approach the Special Task Force (STF) constituted by orders W.P.(C) 58/2025 Page 2 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 24/01/2025 at 12:52:33 of the Supreme Court in M.C. Mehta v. Union of India and Others, (2019) 12 SCC 730 and M.C. Mehta v. Union of India and Others (Sealing Issue, in Re), (2019) 12 SCC 419. 8. Learned counsel for the Petitioner, on instructions, submits that Petitioner has already made a complaint before the STF but since no action was taken, he was compelled to approach this Court. It is further submitted that Petitioner has no objection in withdrawing the petition provided a direction is issued to STF to look into the complaint of the Petitioner within a time bound manner. 9. Accordingly, this writ petition is disposed of as withdrawn in light of the orders of the Supreme Court in M.C. Mehta v. Union of India and Others, (2019) 12 SCC 730 and M.C. Mehta v. Union of India and Others (Sealing Issue, in Re), (2019) 12 SCC 419, and order of the Division Bench in Devender v. Govt. of NCT of Delhi and Ors., W.P.(C) 1807/2018, decided on 20.09.2018 and orders of the Co-ordinate Benches of this Court in Abdul Gaffar v. South Delhi Municipal Corporation & Ors., in W.P.(C) 1773/2019, decided on 28.02.2019 and Rashiduddin Malik v. MCD of Delhi and Others, W.P. (C) 12102/2024, decided on 02.09.2024. It is further directed that the complaint of the Petitioner made on 02.12.2024 will be looked into by STF as expeditiously as possible. Petitioner will be at liberty to take recourse to legal remedies, in case of any surviving/further grievance. 10. This order is made without prejudice to the rights and contentions of the owner/occupant of the subject premises. It is directed that action of the MCD, if any, will be strictly in accordance with the judgment of the Supreme Court in In Re : Directions in the matter of demolition of W.P.(C) 58/2025 Page 3 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 24/01/2025 at 12:52:33 structures, 2024 SCC OnLine SC 3291. 11. Pending application also stands disposed of. JANUARY 08, 2025/shivam JYOTI SINGH, J W.P.(C) 58/2025 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 24/01/2025 at 12:52:33