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SANJEEV SACHDEVA
Pawan Kumar Saraswat – Appellant
Versus
North Delhi Municipal Corporation – Respondent
JUDGMENT
Sanjeev Sachdeva, J. - The hearing was conducted through video conferencing.
2. Petitioner seeks a direction against the respondent-Corporation to take action against unauthorized illegal construction of commercial nature, deviation and encroachment of property bearing municipal No. 2858 from Gali Ghasi Ram and property bearing municipal No. 2877 from Gali Jajam Puria, Hauz Qazi, Delhi and further seeks cancellation of sanction plan obtained by Mohd. Kasif son of Mohd. Akil etc.
3. As per the petitioner illegal unauthorized construction activity is being raised in the subject property contrary to the sanctioned building plan and there is a deviation and encroachment.
4. Learned counsel appearing for respondent no. 3, on advance notice, submits that petitioner has made several concealments and misrepresentations. He submits that petitioner has filed a suit for specific performance based on forged and fabricated document against respondent no. 3 and there was no interim order granted. He submits that the subject property was sold to Mohd. Kasif and Mohd. Hashim.
5. Learned counsel further submits that petitioner had even entered into a Memo of Understanding with the subsequent pu
A party approaching the court must do so with clean hands and without ulterior motives.
A petition under Article 226 is not maintainable unless the petitioner demonstrates locus standi and establishes a connection to the property in question.
The principle of negative equality does not apply, and action can be taken against unauthorized construction regardless of inaction by the Corporation on other illegal constructions in the society.
Unconditional apology with a cost and subjecting further construction activity to the orders of the appellate Tribunal-MCD.
Unauthorized construction cannot be defended based on inaction against other similar violations; each case must be treated according to its own merits.
Unauthorized construction claims must be substantiated with verified facts; existence of a sanctioned plan negates the basis for legal intervention.
A petition under article 226 of the Constitution of India lies only for enforcement of a fundamental or legal right, and lack of locus standi and failure to demonstrate infringement of fundamental or....
Unauthorized construction without proper permits is subject to court orders and potential contempt charges if violations occur.
Lack of evidence, ground work, and public interest element in a public interest litigation may lead to the dismissal of the petition and imposition of costs on the petitioner.
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