The court directed the Municipal Corporation to take action against unauthorized construction while refraining from intervening in private ownership disputes.

ORDER :

1. The present writ petition has been filed for directing respondent no.1 Municipal Corporation of Delhi (“MCD”), to demolish the unauthorized construction existing on the property bearing no. D-52B, Indira Enclave, Neb Sarai, New Delhi.

2. Learned Senior Counsel appearing for the petitioner submits that unauthorized construction exists in the property in question, which is owned by the petitioner.

3. He further submits that respondent no. 2 herein, is wrongly claimingto be the owner of the property in question and has filed a suit being CS(OS) 1949/2011, thereby, challenging the ownership of the petitioner in respect of the property in question.

4. Attention of this Court has been drawn to the Status Report filed on behalf of the MCD, wherein, it has been stated as follows:

“xxx xxx xxx

xxx xxx xxx”

5. It is pointed out that the sealing action was taken on 04^th April, 2018, and second, third and fourth floor of the property in question was sealed by affixing seals at two points at respective entrance gates of each flats at second floor.

6. However, learned Senior Counsel appearing for the petitioner draws the attention of this Court to the fact that despite the sealing action taken by the MCD, the seals affixed by the MCD, have been tampered with.

7. At the outset, learned Senior Counsel appearing for the petitioner submits that he does not press the petition against the respondent no. 4, in view of the averments made in the counter affidavit.

8. This Court notes that since there is civil dispute pending between the petitioner and respondent no. 2 with respect to ownership of the property, this Court will not be a party to any private lis between the petitioner and respondent no. 2.

9. However, in view of the fact that action has already been initiated by the MCD, it is directed that the MCD shall take appropriate action against the unauthorized construction existing in the property in question, in accordance with law.

10. Further the matter is referred to the Special Task Force (“STF”), constituted by the Supreme Court.

11. The action taken by the MCD against the unauthorized construction, shall be duly updated on its website, by the STF.

12. In case the petitioner has any grievance with respect to any non-action as regards any unauthorized construction, the petitioner is at liberty to approach the STF in that regard.

13. With the aforesaid directions, the present petition, along with the pending application, stands disposed of.