Sunder Pal v. The State NCT of Delhi & Anr

O R D E R %

11.11.2024

¶1The petitioner has filed this petition under Article 226 of the Constitution for the following reliefs: "A. direct the respondent no. 2 to decide the representation of petitioner dated 5/04/2024, 10/06/2024 & (10/06/2024 sent on 22/06/2024) by passing detailed and reasoned order as per law, in the interest of justice. B. Any other relief, which this Hon'ble Court deem fit and proper may kindly be passed in favour of Petitioner and against the respondents, in the interest of justice."

¶2The representations dated 05.04.2024 and 10.06.2024 deal with allegations of alleged illegal construction in land bearing Khasra No. 24/6/2, measuring about 270 sq. yards, G-Block, Kali Ghata Pusta Road, Gali No. 5-6, West Karawal Nagar, Delhi.

¶3Municipal Corporation of Delhi ["MCD"] has filed a status report This is a digitally signed order. W.P.(C) 10170/2024 dated 31.07.2024, in which it is stated that the construction in question was found to be unauthorised and an notice of demolition was sent to the owners/occupants of the property on

15.05.2024, whereafter the concerned officers of MCD have been directed to take necessary demolition action.

¶4The demolition order has been passed on 31.05.2024. The petitioner contends that the demolition action taken pursuant to these directions was only partial and largely cosmetic.

¶5Learned counsel for the MCD submits that further demolition action will be taken in the course of this week, subject to availability of police protection and, in any event, will be taken within four weeks thereafter.

¶6In the light of the aforesaid submissions, learned counsel for the petitioner does not seek any further orders in this writ petition, which stands disposed of, alongwith pending applications.

¶7The aforesaid submissions have been noted without prejudice to the rights and contentions of any parties which have erected the alleged unauthorised construction and the said parties are at liberty to take their remedies against the order of demolition, if so advised. The MCD is directed to act strictly in accordance with law, and after compliance of all statutory formalities. PRATEEK JALAN, J NOVEMBER 11, 2024 'Bhupi'/ This is a digitally signed order.

W.P.(C) 10170/2024 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10170/2024 & CM APPLs. 41757/2024, 47881/2024 SUNDER PAL .....Petitioner Through: Mr. R.P.S. Bhath, Advocate. versus THE STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Sanam Tripathi, ASC with Mr. Shreyash Choudhary, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE PRATEEK JALAN