Manoj Sejwal v. South Delhi Municipal Corporation

Delhi High Court · 09 Mar 2022 · 2022:DHC:886
Sanjeev Sachdeva
W.P.(C) 10795/2021
2022:DHC:886
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed the writ petition seeking action against unauthorized construction, holding that the municipal corporation had already taken adequate enforcement steps.

Full Text
Translation output
W.P(C) 10795/2021 1
HIGH COURT OF DELHI
JUDGMENT
delivered on: 09.03.2022
W.P.(C) 10795/2021
MANOJ SEJWAL ..... Petitioner
versus
SOUTH DELHI MUNICIPAL CORPORATION & ANR......
Respondents Advocates who appeared in this case:
For the Petitioner: Mr. Uchit Bhandari and Mr. Parambir Singh, Advocates.
For the Respondent: Mr. Ranjeet Pandey, Standing Counsel, SDMC.
CORAM:-
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks a direction to the respondent/Corporation to take action against the unauthorised construction in property bearing no. Khasra No. 264 (Adj. (LHS) Made Easy Inst.), Westend Marg, Saidulajab, New Delhi.

2. Learned counsel for the respondent submits that a status report has been filed. Same is not on record. However, a copy of the same has been shared over the e-mail to the Court Master. The status report is taken on record. 2022:DHC:886 W.P(C) 10795/2021 2

3. As per the status report, the property already stands booked for unauthorised construction. Show cause notice was issued to the owner. A demolition order was passed on 14.12.2017. Intimation has already been sent to the concerned authorities to disconnect the electricity and water supply and also to the Sub-Registrar to not register any title documents of the said property. It is informed that property has already been sealed and prosecution has already been launched against the owner of the said property.

4. Learned counsel for the respondent submits that a vacation notice has been issued and demolition/sealing programme has been slated for 11.03.2022. The statement is taken on record.

5. In view of the above, this petition is disposed of binding the Corporation to its status report filed before this Court. It is, however, clarified that this would be without prejudice to the right of the owner/occupier to impugn the action of the Corporation in accordance with law before the appropriate Court/Tribunal.

SANJEEV SACHDEVA, J. MARCH 09, 2022 rk