Ajay Mittal and Ors. v. North Delhi Municipal Corporation

1. This writ petition is filed by the petitioner seeking to impugn the order of the District Judge dated 24.11.2018 whereby the appeal filed by the petitioners was dismissed. The case of the petitioners is that the respondent issued a demolition notice under Section 348 of the DMC, Act against property bearing No. 2911-22, Bara Tooti Chowk B.G.Road, Sadar Bazar, Delhi on 09.12.2011. Thereafter, the petitioners' predecessor-in-interest commenced repairs upon the property in dispute in lieu of the aforementioned notice and completed the same. On 13.01.2012 a show cause notice was issued with respect to the 4th Floor ofthe property based on an inspection carried out by the J E. It is claimed that in March, 2012 a communication was also received from the Government, of installation of lift in the property. Another show cause notice was issued under Section 343/344(1) of the DMC, Act on 04.04.2013, with respect to the entire property including the 4th floor. On 10.04.2013, respondents passed a demolition order in respect of the property. Different litigations have gone on. Jh-

2. On 05.02.2014, Deputy Commissioner passed an impugned sealing order. An appeal filed before the Appellate Tribunal /MCD, Delhi was dismissed on 19.09.2017. Further, an appeal was filed before the District Judge in 2017 and the same was dismissed on 24.11.2018. Perusal of the impugned order ofthe Ld. District Judge shows that a finding is confirmed oflarge scale unauthorized construction.

3. The property in question is lying sealed. Ld. Counsel for the Petitioner submits that the property has been sealed for a considerable amount oftime and they are willing to take all steps to have the same desealed. Letthe property be de-sealed on 24.02.2020. The petitioner will take all requisite steps to ensure that the unauthorized construction is demolished/rectified within three months from that date.

4. It is made clear that no one will use the property in question for any commercial or residential purpose pursuant to the de-sealing being done by the respondent pursuant to this order. In case there is any contravention of this direction of the Court, the respondent /NDMC is free to reseal the property forthwith.

5. On expiry of three months with effect from 24.02.2020, the NDMC will carry out a fresh inspection ofthe property to determine as to whether the unauthorized constructions have been demolished/rectified. In case, any unauthorized constructions/rectifications have not been completed, the details thereofshall be mentioned to the petitioners. The petitioners will be given another one month's time to carry out any further demolition or rectification that may be required pursuant to the inspection report. On expiry of 4 months, the respondent will take steps as per law including resealing the property forthwith,ifso required. I

6. The Petition stands disposed of.

7. Copy ofthe order be given Dasti under signature ofCourt Master.

FEBRUARY 13,2020/hk/st JAYAOT NATH,J. (J Kft c-y^) - - K'"■ O'o-y~-' 0' ^ '' C=i.— '' *■ 11,i,.L» $~A-28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)13834/2018 GAURAV JAIN Petitioner Through Mr.Gaurav Singh,Adv.

VERSUS

NORTH DELHI MUNICIPAL CORPORATION Respondent Through Mr.Akshay Verma,ASC CORAM: HON'BLE MR.JUSTICE JAYANT NATH ORDER % 02.03.2020 CM APPL.8195/2020 This application is filed seeking to rectify the order dated 13.2.2020. It is stated that in paragraph 1 of the order the writ property is stated as 2911-12, Bara Tooti Chowk, B.G.Road, Sadar Bazar, Delhi. It is pleaded that the actual address is 2919-22, Bara Tooti,. Bahadurgarh Road, Sadar Bazaar,Delhi.The order dated 13.2.2020 accordingly stands coirected. Application stands disposed of. l JAYA':^TNATH,J MARCH 02,2020 n