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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Naresh Kumar Agarwal - Appellant
Versus
South Delhi Municipal Corporation - Respondent
W.P.(C) 2538 of 2021
Decided On : 24-02-2021
Court allows petitioners to repair water pipelines, emphasizing no unauthorized construction during repairs.
Headnote:(A) Delhi Municipal Corporation Act, 1957 - Property Inspection - Directives for action against illegal structures and permission for necessary repairs to pipelines - Petitioners sought permission for repair of water pipeline and cleaning of underground tanks, while withdrawal of other claims was granted. (Paras 1, 5, 8, 9)
(B) Procedural Fairness - The court emphasized that while allowing repair work, petitioners are prohibited from conducting any unauthorized construction or alterations.
Facts of the case:
The petitioners required action against alleged illegal structures on their property and sought to restore the broken water pipeline and clean underground installations without hindrance from the municipal corporation.
Findings of Court:
The petitioners were permitted to undertake necessary repairs and cleaning while ensuring no unauthorized construction would be included.
Issues: The main issues addressed were the legality of the structure and the distinctions between repair and construction activity.
Ratio Decidendi: The court established the principle that the petitioners may proceed with repairs as long as it stays within the limits of the defined tasks, ensuring no illegal construction takes place.
Result: The petition was disposed of favorably for the petitioners regarding their restoration efforts.
| Table of Content |
|---|
| 1. petitioner requests action on illegal structures and repairs (Para 1 , 2) |
| 2. corporation's acknowledgment of property deviations and response (Para 3 , 4) |
| 3. petitioners limit requests to specific repair actions (Para 5 , 6 , 7) |
| 4. permission granted for repairs without construction expansions (Para 8 , 9) |
| 5. formal disposal of petition and order notification (Para 10 , 11) |
JUDGMENT
Sanjeev Sachdeva, J. (ORAL)
CM APPL.7480/2021(exemption)
Exemption is allowed subject to all just exceptions
W.P.(C) 2538/2021 & CM APPL.7479/2021(stay)
1. Petitioner seeks a direction to respondent no.1/MCD to take appropriate action with regard to the ground floor and basement of property bearing No. C-6, Kailash Colony, New Delhi and to take appropriate action in case any illegal structure is found in the said property. Further petitioner seeks a restraint on Corporation from obstructing the repair/renovation work of the broken water pipeline, cleaning of underground water tanks and sewer pipelines installed in the main drive way area, back courtyard and front common entrance gate of the building.
2. On oral prayer of the petitioners, Mr. Sanjay Katyal, owner of the ground floor is impleaded as a respondent. Amended memo of parties be filed during the course of the day.
3. Learned counsel appearing for the Corporation submits that property was inspected and certain deviations were found in the property and appropriate action in accordance with law has already been initiated and appropriate action in accordance with law would be taken.
4. Mr. Mridul Katyal, son of Mr. Sanjay Katyal is also connected through Video Conferencing. He submits that in case any action is taken by the Corporation, he reserves the right to take appropriate remedial action in accordance with law.
5. In view of the above statement, learned Senior Counsel for the petitioners seek leave to withdraw the Prayers (a) and (b) of the petition and restricts the petition to repair/restoration work of the broken water pipeline, cleaning of underground water tanks and sewer pipelines.
6. Leave is granted. Prayers (a) and (b) of the petition is dismissed of as withdrawn.
7. Learned counsel for the Corporation as well as Mr. Mridul Katyal submit that they have no objection in case the petitioners were to repair/restore the broken water pipeline, clean the underground water tanks and sewer pipelines.
8. In view of the above, petition is disposed of permitting the petitioners to repair/restore the broken water pipeline and clean the underground water tanks and sewer pipelines.
9. It is clarified that petitioners shall not carry out any addition or alteration or construction activity under the guise of repairing/restoration of the broken water pipeline or cleaning of the underground water tanks or sewer pipelines.
10. The petition along with stay application is accordingly disposed of.
11. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.
