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SANJEEV SACHDEVA
Sandeep Kumar – Appellant
Versus
South Delhi Municipal Corporation – Respondent
JUDGMENT
Sanjeev Sachdeva, J. - The hearing was conducted through video conferencing.
2. Learned counsel for respondent/SDMC in W.P. (C) 10295/2021 has shared status report over the e-mail of the Court Master. The same is taken on record.
3. Petitioner in W.P. (C) 8411/2021 seeks a Mandamus to respondent No.1/South Delhi Municipal Corporation to demolish the alleged illegal unauthorized construction raised by respondent No.4 on the third floor of property number 6/33a, opposite Kargil Park, Jangpura B, New Delhi.
4. W.P. (C) 10295/2021 is a petition filed by respondent No.4 in W.P. (C) 8411/2021 seeking a Mandamus to be issued to respondent No.1/South Delhi Municipal Corporation to take action alleged illegal unauthorized construction raised on the first and second floor of the subject property by the petitioner in W.P. (C) 8411/2021.
5. Respective status reports have been filed by the Corporation in both the petitions.
6. In W.P. (C) 8411/2021, status report records that the ground, first and second floor of the subject property was found to be old constructed and residentially occupied. However, fresh unauthorized construction of a room having tin shed at third floor was found and a
The need for the Corporation to take action in accordance with law and the rights of owners/occupiers to defend proceedings before the appellate Tribunal, MCD.
Municipal authorities must operate within legal frameworks when enforcing demolition orders, respecting property owners' rights to appeal.
In a contempt petition for non-compliance, where the authority demonstrates sufficient action taken to satisfy the court's previous order, the petitioner's grievances regarding the adequacy of such a....
The court's decision was based on the respondent's assurance of further action in accordance with the law and the pending appeal before the Appellate Tribunal, MCD.
The court emphasized that unauthorized construction enforcement must respect legal processes and pending appeals, leaving petitioner's standing open for further consideration.
The High Court holds that once demolition and sealing orders are passed by municipal authorities under the Delhi Municipal Corporation Act, the authorities are duty-bound to execute them within a spe....
Municipal authorities possess the jurisdiction to enforce laws against unauthorized construction, which must be acted upon as per legal provisions, while respecting the appeals process.
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