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2012 Supreme(Del) 2530
DELHI HIGH COURT
Hima Kohli, J.
In The Matter of Anuvarsha Gautam - Appellant
Versus
MCD, Through Commissioner, & Ors - Resopndent
W.P.(C) No.1585/2012
Decided On : 20-03-2012
Through : Mr. Rajiv Shukla, Adv., Through : Mr. Dev P. Bhardwaj, Standing Counsel for R-1/MCD with Mr. Ajay Sharma, AE. Mohd. Aslam Khan, proxy counsel for Mr. Rajiv Nanda, Adv. for R-4 with SI Krishan Kumar.
The court's decision highlighted the importance of considering regularization applications for unauthorized construction and proceeding with sealing action unless restrained by a competent court.
Headnote:
Unauthorized Construction - Sealing of Premises - The court directed the Municipal Corporation to consider the pending application for regularization of unauthorized construction and to undertake sealing action unless an injunction order is granted by a competent court.
Fact of the Case:
The petitioner filed a petition seeking directions to seal the premises with unauthorized construction and take action against the owner/occupier. The Municipal Corporation had prepared a vacation notice for the unauthorized construction and requested police force for sealing/demolition action. The Delhi Police had arrested the owner/occupier for breaking the seal and restarting unauthorized construction.
Finding of the Court:
The court directed the Municipal Corporation to consider the pending application for regularization of unauthorized construction and to undertake sealing action unless an injunction order is granted by a competent court.
Issues: Unauthorized construction, sealing of premises, police action, regularization application
Ratio Decidendi: The court emphasized the need for the Municipal Corporation to consider the regularization application and proceed with sealing action unless restrained by a competent court.
Final Decision: The petition was disposed of with directions to the Municipal Corporation and the Delhi Police.
Hima Kohli, J.
1. The present petition is filed by the petitioner praying inter alia for directions to respondent No.1/MCD to reseal premises bearing House/Plot No.80 (C/5/1), Vashishth Park, New Delhi, and take appropriate action against the owner/occupier of the subject premises in respect of the alleged unauthorized construction carried out therein.
2. Appearance is entered on behalf of respondent No.1/MCD and respondent No.4/Delhi Police, on advance copy.
3. It is submitted by learned counsel for respondent No.1/MCD that a vacation notice dated 19.3.2012 has been prepared by the department for service on the owner/occupier of the subject premises pointing out inter alia that unauthorized construction exists on the stilt, ground floor, first floor and second floor of the subject premises and further, calling upon them to vacate the subject premises within 24 hours from the date of receipt of the said vacation notice so as to enable MCD to take sealing/demolition action in respect of the unauthorized construction. It is further stated that a request has been forwarded by the MCD to the local police for providing adequate police force to carry out a special demolition/sealing programme fixed for 30.3.2012. Copies of the aforesaid documents are handed over by the counsel for respondent No.1/MCD, with an advance copy to the other side, and are taken on record.
4. Counsel for respondent No.1/MCD states that respondent No.3 has submitted an application for regularization of the unauthorized construction/deviation, which is also pending consideration.
5. Counsel for respondent No.4/Delhi Police states that on a complaint filed by the petitioner, respondent No.1/MCD had sealed the subject premises last year, but thereafter, respondent No.3 and her husband had broken the said seal and had restarted the unauthorized construction at the subject premises. He further states that on a complaint received from respondent No.1/MCD, an FIR was lodged by respondent No.4/Delhi Police, registered as FIR No.12/2012 and respondent No.3 and her husband had been arrested in the case and later on they were released after bail had been granted to them. It is further stated that the case is under investigation.
6. Having regard to the submissions made by the counsels for respondent No.1/MCD and respondent No.4/Delhi Police, it is deemed appropriate to dispose of the present petition, with the following directions :
(i) Respondent No.1/MCD shall consider the pending application submitted by respondent No.3 to it, for regularization of the unauthorized construction/deviation carried out in the subject premises and take a decision as per law, within a period of two weeks from today. The decision taken shall be intimated to the respondent No.3 as also to the petitioner herein.
(ii) Respondent No.1/MCD shall ensure that the sealing action slated for 30.3.2012 in respect of the subject premises, is undertaken on the date and time fixed, unless and until any injunction order is granted by a competent court and so intimated to the respondent No.1/MCD.
(iii) Respondent No.4/Delhi Police shall ensure that adequate police force is made available to the officers of respondent No.1/MCD to undertake the aforesaid sealing action on the designated date and time.
(iv) After sealing action/demolition action is undertaken by respondent No.1/MCD, the officers of respondent No.1/MCD as also that of respondent No.4/Delhi Police, shall keep a vigil so as to ensure that neither respondent No.2, nor any other party tries to break the seal or restarts the construction in the subject premises.
(v) If considered necessary, respondent No.1/MCD shall call upon the Delhi Jal Board and the local DISCOM to disconnect the water and the electricity supply to the subject premises, till the unauthorized construction is demolished and the deviations removed.
7. The petition is disposed of.
A copy of this order be given dasti to the counsels for the respondents, under the signatures of the Co
