Full Text
HIGH COURT OF DELHI
Date of Decision: 9th December, 2022
SUPREME COURIER SERVICE ..... Petitioner
Through: Mr. Ajay Gupta & Mr. Anant Gupta, Advocates (M: 8585929267)
Through: Dr. Subhash C Gupta Sr. SC (M: 9810689321) Ms. Sweety Singh, Advocate for R-3 (M: 9810488115)
SI Sandeep Yadav SHO Kashmere Gate (M: 9999424552) Mr. Hilal Haider & Mr. Tarun for R-1
JUDGMENT
1. This hearing has been done through hybrid mode. CM APPL. 53448/2022 (for impleadment)
2. This is an application seeking impleadment of Mr. Mirza Rashid Beg the owner of the offending property as Respondent No.4 in the present petition.
3. For the reasons stated in the application, impleadment is allowed. Let amended memo of parties be taken on record.
4. CM APPL. 53448/2022 is disposed of. CM APPL. 53447/2022 in W.P.(C) 16210/2022
5. The Petitioner has approached this Court seeking an order to restrain unauthorized construction being carried out in the property bearing numbers 1488, Kashmiri Gate, Delhi-110006. The Petitioner is the purchaser of the property bearing municipal numbers 1490-91, Kashmiri Gate, Delhi-110006 and running its Business under the name and style of brand name “SHRI HARI SHARNAM BHOJNALYA”. The Petitioner’s case is that unauthorised construction is being carried out in the neighboring shop bearing municipal No. 1488, Kashmiri Gate, Delhi-110006. The prayer in this petition is that the Municipal Corporation of Delhi (MCD) ought to be directed to immediately stop the unauthorized construction activity being carried out in this neighbouring shop. The prayer reads as under:
6. Vide order dated 24th November, 2022, the ld. Counsel for the MCD had submitted that a `stop work’ notice has already been issued to the private Respondent who is the occupant. The MCD had also assured the Court that no unauthorized construction would be carried out. A status report was to be filed. The Court had recorded the submissions of the ld. Counsel for the MCD and observed on 24th November 2022 as under:
7. Mr. Ashutosh Gupta, ld. Counsel appearing for the MCD has placed on record the photographs to show that as on date, no unauthorized construction is taking place and, in any case, there was some pipeline being laid which was the reason for the unauthorized construction.
8. The Court has perused the photographs which do show that they match with the photographs filed by the Petitioner. It appears that some construction was being undertaken in the shop of the Respondent No. 4 of the subject property being Shop No.1488, Today, in the final photographs which have been shown, the said construction and the flooring appears to be completed in a kaccha manner. The obligation of the MCD is to ensure that there is no unauthorized construction and this does not require to be reiterated. The concerned Executive Engineer, City-S.P. Zone would be personally held responsible and held liable if any unauthorized construction is seen in future.
9. In view of what is recorded above, the writ petition stands satisfied. No other orders are called for.
10. Respondent No.4 shall be bound by the orders passed today.
11. Petition is disposed of in the above terms. All pending applications are disposed of.
12. Next date of hearing is cancelled.
PRATHIBA M. SINGH JUDGE DECEMBER 9, 2022/Rahul/AM