Municipal authorities are obligated to enforce statutory injunctions against unauthorized construction, and failure to do so can result in personal liability for responsible officials.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

CM APPL. 53448/2022 (for impleadment)

2. This is an application seeking impleadment of Mr. Mirza Rashid Beg the owner of the offending property as Respondent No.4 in the present petition.

3. For the reasons stated in the application, impleadment is allowed. Let amended memo of parties be taken on record.

4. CM APPL. 53448/2022 is disposed of.

CM APPL. 53447/2022 in W.P.(C) 16210/2022

5. The Petitioner has approached this Court seeking an order to restrain unauthorized construction being carried out in the property bearing numbers 1488, Kashmiri Gate, Delhi-110006. The Petitioner is the purchaser of the property bearing municipal numbers 1490-91, Kashmiri Gate, Delhi-110006 and running its Business under the name and style of brand name "SHRI HARI SHARNAM BHOJNALYA". The Petitioner's case is that unauthorised construction is being carried out in the neighboring shop bearing municipal No. 1488, Kashmiri Gate, Delhi-110006. The prayer in this petition is that the Municipal Corporation of Delhi (MCD) ought to be directed to immediately stop the unauthorized construction activity being carried out in this neighbouring shop. The prayer reads as under:

"A. Issue a writ, order and/or direction in the nature of Mandamus and/or any other appropriate writ, order and/or direction in the like nature in favour of the Petitioner and against the Respondents, thereby directing the Respondents to immediately take legal action against Builder/Owner, for raising huge, illegal and unauthorized construction over property bearing municipal number as 1488 situated at Kashmiri Gate, Delhi-110006 and to take steps to immediately stop the said unauthorized and illegal construction being raised by Builder/Owner and further to demolish the illegal and unauthorized construction already raised by Builder /Owner over the said property bearing municipal number as 1488 situated at Kashmiri Gate, Delhi-110006 in accordance with law in the interest of justice.

B. Issue any other appropriate writ, order and/or direction in the like nature which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case, in favour of the Petitioner and against the Respondents;"

6. Vide order dated 24th November, 2022, the ld. Counsel for the MCD had submitted that a `stop work' notice has already been issued to the private Respondent who is the occupant. The MCD had also assured the Court that no unauthorized construction would be carried out. A status report was to be filed. The Court had recorded the submissions of the ld. Counsel for the MCD and observed on 24th November 2022 as under:

"1. Learned counsel appearing for the Municipal Corporation of Delhi [MCD] on instructions states that the construction in respect of which the complaint is made is being carried on in premises which is within the restricted area of a protected monument and that consequently a stop work notice has already been issued. He further states that all steps as are available in law shall be duly taken by the MCD to ensure that no unauthorised construction is continued or undertaken. In view of the aforesaid, let a Status Report be filed by the MCD within a period of six weeks from today.

2. The Court expects the MCD to ensure that no illegal construction is carried on in violation of the statutory injunctions which apply. The Court further directs the third respondent to provide all assistance as may be required by the MCD in connection with the aforesaid."

7. Mr. Ashutosh Gupta, ld. Counsel appearing for the MCD has placed on record the photographs to show that as on date, no unauthorized co