AAKIB v. MUNICIPAL CORPORATION OF DELHI

Through: Mr. Sunil Prasad, Advocate. versus MUNICIPAL CORPORATION OF DELHI THROUGH ITS DEPUTY COMMISSIONER & ORS. .....Respondents Through: Ms. Umang Tyagi, ASC with Ms. Aditi Kapoor, Advocate for R-1. Mr. Manoj Kumar Tyagi, SPC for R-2. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R 20.01.2025 This writ petition is preferred on behalf of the Petitioner under Article % 1. 226 of the Constitution of India seeking the following reliefs:-

1. Issue a writ, order or direction in the nature of MANDAMUS or any other appropriate writ the illegal and thereby directing unauthorized construction being carried by respondent no.4 and 5 at the suit property i.e. B-90 and B-91, situated at Shaheen Bagh, Jamia Nagar, New Delhi-25 and further directing the respondent no. 1 to remove the encroachment and demolish the illegal and unauthorized structures already constructed on the suit property. to stop ii. Issue writ in nature of Mandamus and to pass orders and direction against the respondent no . 4 and 5 not to commit any violence of the provision of Delhi Municipal corporation Act,1987 and building by laws therein. The direction may be issue to respondent no.1,2 and 3 to take appropriate action and to register the criminal case against the respondent no.4 to 5 for carrying out the unauthorized and illegal construction over the suit property.

Issue notice. Counsels, as above, accept notice on behalf of respective

Respondents.

Learned Additional Standing Counsel for MCD/Respondent No 1, 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 27/01/2025 at 13:12:56 appearing on advance copy of the writ petition, hands over a set of documents, which includes an FIR dated 26.03.2024 registered against Respondent No.4, owner/occupier of the subject property; show cause notice dated 26.03.2024 under Sections 343 and 344(1) of the Delhi Municipal Corporation Act, 1957 (DMC Act) calling upon the owner/builder to submit his reply; and demolition order dated 05.04.2024 issued under Section 343 of the Act and submits, on instructions, that the demolition action is scheduled for 28.02.2025. Documents are taken on record.

In view of the aforesaid stand of MCD, no further order is required to be passed at this stage. Needless to state that any action taken by MCD will be compliant with all statutory requirements and as per the judgments of the Supreme Court in In Re: Directions in the matter of demolition of structures, 2024 SCC OnLine SC 3291.

In case of any surviving grievance, Petitioner will be at liberty to approach the Special Task Force (STF) constituted vide 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.

This order is passed without prejudice to rights and contentions of Respondent No.4 who may take recourse to legal remedies in case of any surviving grievance.