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MANOJ KUMAR OHRI
Punita Bhardwaj – Appellant
Versus
Municipal Corporation of Delhi – Respondent
JUDGMENT
Manoj Kumar Ohri, J. (Oral)
REVIEW PET. 293/2022 (For Review of Order dated 11.10.2022 by the Petitioner)
1. The present review petition has been preferred by the petitioner under Section 114 read with Order XLVII Rule 1 CPC and Article 226 of the Constitution of India seeking review of the order dated 11.10.2022 passed by this Court with respect to the prayer clauses (i), (ii), (iv), (v), (vi) & (vii) of the writ petition.
2. Before proceeding further, the relevant prayer clauses of the writ petition are extracted below:
"(i) declaring that demolition done by respondents on 03rd August 2022 in petitioner's property No. 132, Narang Colony, Janakpuri, Delhi-110058 reflected in photographs appended in para 13 of petition, as illegal and contrary to law;
(ii) quashing/setting-aside the alleged notice dated 16.01.2018 (Annexure-A) issued by respondent no. 2 against petitioner's property as illegal, invalid, liable to be declared as null & void;
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(iv) quashing respondent's notice dated 02.08.2022 U/s 435 of the Act, 1957 and dated 10.08.2022 U/s 343(1) of the Act, 1957 and
(v) quashing action of respondent No.2 requisitioning police force and JCB at site and deployment of police
The court upheld the MCD's authority to issue demolition notices for illegal constructions, emphasizing compliance with statutory procedures.
Authorities must act against unauthorized constructions and provide necessary police assistance for lawful demolitions, affirming the duty to enforce regulations.
The court affirmed that a writ petition can be entertained despite alternative remedies if there is a violation of natural justice principles.
The petitioner's failure to establish ownership and suppression of relevant documents led to the dismissal of the petition.
Res judicata applies when a similar petition is filed after the conclusion of earlier legal proceedings, constituting an abuse of process.
The High Court's jurisdiction under Article 227 does not extend to re-evaluating lower court decisions but ensures they act within their authority; unauthorized constructions cannot be permitted to p....
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