Muniza Begum Alias Jahan Ara v. Municipal Corporation of Delhi & Ors.

1. The present petition assails the de-sealing order dated 08.01.2024, issued by the respondent no. 1, in respect of the property bearing House No.14, fifth floor, Khasra No.176, Lane No.1, Johri Farm, Jamia Nagar, New Delhi-110025.

2. The petitioner had initially filed a writ petition bearing W.P.(C) NO. 12144/2021 wherein it was alleged that unauthorized construction subsists at the aforesaid property. The said writ petition was disposed of by this court on 27.01.2023, in which it was inter alia directed as under:

3. Subsequently, a Contempt Petition being Cont. Cas(C) No.1214/2023 was filed by the petitioner alleging non-compliance with the aforesaid order dated 27.01.2023. The same was also disposed of by this court vide order dated 28.08.2023, in which inter-alia it was directed as under:

demolition action be taken against the unauthorized portion of property bearing House no- 14, Fifth Floor, Khasra No. 176, Lane no. 1, Johri Farm, Jamia Nagar, New Delhi- 110025.

2. Mr Tiwari, learned counsel appearing for the respondent No.1-MCD states that the demolition action has been taken and in case any other demolition is required, the same shall be undertaken within a period of four weeks from today. Taking his statement on record and binding the respondents to the same, the present contempt petition is disposed of.

3. In case vacation of property is required, the respondent shall also ensure the same.

4. Needless to add, if the petitioner is still aggrieved by any non-action, the petitioner is at liberty to revive the present contempt petition.”

4. It is noticed that the said order dated 28.08.2023 specifically recorded the contention on behalf of the MCD to the effect that demolition action has been taken in respect of the property in question and that further demolition action shall also be taken within the period specified therein.

5. The petitioner being aggrieved by the inaction of the MCD thereafter, filed an application for seeking revival of the aforesaid contempt petition. However, the said application came to be dismissed on 02.04.2024 on the basis of the status report dated 09.03.2024 filed by the MCD, in which it was inter-alia stated as under:

6. Learned counsel for the petitioner contends that the aforesaid status report filed by the MCD is in contravention to the situation projected by the MCD itself during the course of Cont. Cas(C) No.1214/2023, in which a categorical statement was made by the MCD that further demolition action would be taken qua the property in question. Had the property been protected under “The National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2023”, there was no occasion for the MCD to make the said statement.

7. It is further submitted that the status report dated 17.03.2022, filed by the MCD itself during the course of hearing of W.P.(C) 12144/2021, makes it clear that the MCD was constrained to issue a work stop notice in respect of the property in question on account of the ongoing unauthorized construction. As such, once it was found that unauthorized construction was ongoing, there can be no applicability of the provisions of “The National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2023” with regard to the property in question.

8. After some hearing, it is deemed apposite that the aforesaid contentions of the petitioner be duly considered by the MCD by treating the present petition itself as a representation and a speaking order be passed thereon. It is directed accordingly.