The court has the power to order a fresh inspection to ascertain the truth of allegations made in a writ petition, even if those allegations are contradicted by an affidavit filed by a government agency.

ORDER

% 06.03.2024 CM APPL.14135/2024 (on behalf of the petitioner for preponement of hearing)

1. This is an application filed on behalf of the petitioner for preponement of the date of hearing.

2. The application is premised on the averment that rampant illegal unauthorized construction is being carried out at Flat No. 18, Sri Niwaspuri Mitra Mandal Co-operative Group Housing Society Ltd., Plot No.14, Mitra Vihar, Opposite D Block, Saraswati Vihar, Pitam Pura, Rohini, Delhi-

110034.

3. It is submitted by learned counsel for the petitioner that the same is in utter contravention of the position as reflected in the affidavit/status report dated 14.08.2023, filed on behalf of MCD wherein it has been stated as under:

“7. That properties in question mentioned in the present writ petition were inspected by the official of answering respondent, more particularly terrace of flat nos. 3,6,9, 12, 17, 18,21,27,32,33,35, 36, 39, 42, 48, 50 & 51 and during the inspection, neither any recent construction activity nor any building material was found at site. It is pertinent to mentioned here that the constructions at above mentioned flats are quite old and occupied. Apart from the aforesaid flats, there are 34 number of flats in the society and as per reply received from some of the above mentioned 17 flats, deviations are also exists in the rest of the flats including the petitioner’s flat. It is further submitted that action will be taken by the answering respondent after receiving the copy of Sanctioned/Standard Building Plan and inspection of the properties/flats in question after comparing the existing constructions with Standard/Sanctioned Building Plan. The photographs taken during inspection are annexed herewith as ANNEXURE-‘B’ (Colly).”

4. Learned counsel for the petitioner submits that the position as depicted in the affidavit/status report filed on behalf of MCD is contrary to the actual factual position as subsists in the society in question.

5. In the circumstances, the present application is allowed and the instant writ petition is taken up for hearing for today itself.

6. The application stands disposed of.

W.P.(C) 9048/2023

7. After some hearing, learned counsel for the MCD submits that a fresh inspection shall be carried out in respect of the property which is subject matter of the present petition, including Flat No.18 thereof, to ascertain whether any unauthorized construction is being carried out or has taken place therein.

8. Let the inspection be conducted within a period of one week from today and afresh status report be filed within a period of four weeks thereafter.

9. In case, any unauthorized construction is found to be ongoing, immediate steps shall be taken by the respondent/MCD to bring the same to an immediate halt.

10. List on 01.05.2024, the date already fixed. SACHIN DATTA, J MARCH 6, 2024/cl