IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Chirag Saini - Appellant
Versus
North Delhi Municipal Corporation - Respondent
W.P.(C) 3500 of 2021 & CM Appl. 10596 of 2021
Decided On : 03-06-2021
| Table of Content |
|---|
| 1. details of the petitioner's claims and situation (Para 2 , 3 , 4 , 5 , 6) |
| 2. court observations regarding the legitimacy of the petition (Para 7 , 18) |
| 3. arguments against the petitioner's claims from the respondents (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. conclusion and order of the court (Para 19 , 20) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--The hearing was conducted through video conferencing.
2. Petitioner seeks a mandamus against respondents North Delhi Municipal Corporation and the SHO, Police Station Civil Lines to demolish the alleged illegal and unauthorised construction being carried out by builders on the property No.21 & 21-A, Raj Niwas Marg, Civil Lines, Delhi.
3. It is contended by the petitioner that petitioner is a follower of Christianity and visits the church on weekly basis since his childhood and is the Chairperson of Christian Fellowship Trust and is also the President of an NGO under the name of Atulit Foundation. Petitioner contends that illegal construction is being carried out in property bearing No.21 and 21-A, Raj Niwas Marg, Civil Lines, Delhi.
4. It is contended by the petitioner that as per his sources he has come to know that the subject property earlier belonged to Baptist Church Trust Association.
5. In the petition the names of the trustees have also been disclosed and it is alleged that the property has been sold in the year 2005 to the Aggarwal family. Petitioner has also stated that the property was sold by way of two separate documents which were registered. It is alleged that the property is being constructed in connivance with the officers of the Municipal Corporation.
6. When petitioner was enquired about the locus standi of the petitioner to file the subject petition, petitioner has not been able to show any connection with the subject property. It is an admitted position that petitioner does not reside in the neighbourhood of the subject property. Petitioner resides in Arya Pura Subzi Mandi near Roshnara Road and the subject property is in Civil Lines, Delhi which is separated by several kms.
7. Perusal of the document of registration of the Christian Fellowship Trust shows that the document was executed on a stamp paper purchased on 25.02.2021 and executed on 03.03.2021. Subject petition has been filed on 15.03.2021. It appears that the said document has been created solely to create an impression that petitioner has some association with Christian community.
8. Mr. Lalit Gupta, Advocate intervenes on behalf of Ms. Navita Aggarwal and submits that she is one of the owners of the subject property. He submits that his enquiry from the Delhi High Court website has revealed that petitioner had filed as many as 11 writ petitions in the Registry against inter alia the North Delhi Municipal Corporation out of which 10 petitions have been returned under objections and don't seem to have been re-filed and the subject petition is the 11th petition as per the status report available on the High Court website.
9. Ms. Mukim, learned counsel appearing for the North Delhi Municipal Corporation submits that she has received instructions that the department has received advance notices in 18 cases since 2019, but most of the cases have not been listed. She submits that petitioner appears to be a habitual litigant and is filing cases after cases.
10. On merits of the case she submits that there is a sanctioned building plan for raising construction on the subject property and till date no deviation has been noticed by the Corporation from the sanctioned building plan.
11. She submits that in the present pandemic if frivolous petitions are filed by persons unconnected with the properties without verification of correct facts, it would entail the officers of the Corporation to travel and carry out inspection thus exposing them to risk.
12. She submits that the petition does not disclose any cause as to why subject petition has been filed since there is
A petitioner must demonstrate a direct interest or connection to the subject property to have standing in legal proceedings, which was not established in this case.
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 is not maintainable unless the petitioner demonstrates locus standi and establishes a connection to the property in question.
Municipal authorities must operate within legal frameworks when enforcing demolition orders, respecting property owners' rights to appeal.
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.
A party approaching the court must do so with clean hands and without ulterior motives.
The court emphasized that unauthorized construction enforcement must respect legal processes and pending appeals, leaving petitioner's standing open for further consideration.
Unauthorized construction cannot be defended based on inaction against other similar violations; each case must be treated according to its own merits.
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