Rizwanul Haque & Others v. Municipal Corporation of Delhi

1. Learned counsel for the respondent-MCD prays for and is granted permission to place on record status report/counter affidavit. Copy of the same has been given to the counsel for the petitioners.

2. It is stated in the status report/counter affidavit that action for demolition has been taken pursuant to orders passed in a pending civil suit by the Additional Senior Civil Judge. Details of the civil suit have been mentioned in the said status report/counter affidavit. It is stated by the learned counsel for the respondent that ground floor of the property is being misused and fourth floor has been constructed.

3. The petitioners herein are occupants of first, second and third floors. It will be open to the petitioners to move an appropriate application before the Additional Senior Civil Judge, Delhi. The stay order granted by this Court will continue for a period of fifteen days to enable the petitioners to approach the said court where the civil suit is pending. It will be open to the petitioners to approach the respondent authorities for regularization of compoundable construction in their occupation, if permissible and in accordance with law. This Court has not passed any interim 2010:DHC:1488 order in respect of the ground floor and the fourth floor as the owners/occupants of the said properties are not before this Court. The petitioners if aggrieved by any order of the civil court or MCD will be entitled to question the same in accordance with law. The writ petition is accordingly disposed of. Copy of this order will be given dasti to the learned counsel for the parties under signature of the Court Master.

SANJIV KHANNA, J. MARCH 12, 2010 VKR