2023/DHC/000936

$~48, 49 & 51

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 6^th February, 2023

+

W.P.(C) 1488/2023 and CM APPL. 5570/2023

SHRI RAJESH KUMAR & ANR.

..... Petitioners

Through:

Mr.

Anand

Yadav,

Advocate.

(M:9810126454)

versus

SHO, POLICE STATION NAJAFGARH,

DELHI & ANR

..... Respondents

Through:

Ms. Rachita Garg and Mr. Yash

Singh, Advocates.

(49)

WITH

+

W.P.(C) 1489/2023 and CM APPL. 5571/2023

SUSHIL KUMAR & ANR.

..... Petitioners

Through:

Mr. Anand Yadav, Advocate.

versus

SHO & ANR.

..... Respondents

Through:

Ms. Rachita Garg and Mr. Yash

Singh, Advocates.

(51)

AND

+

W.P.(C) 1491/2023 and CM APPL. 5572/2023

SUMAN BANSAL

..... Petitioner

Through:

Mr. Anand Yadav, Advocate.

versus

SHO POLICE STATION NAJAFGARH & ANR. ..... Respondents

Through:

Ms. Rachita Garg and Mr. Yash

Singh, Advocates.

CORAM:

JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2.

The Petitioners have filed these petitions against Respondent No.1-

SHO, PS Najafgarh and Respondent No.2- SDM, Najafgarh seeking

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:09.02.2023

18:01:30

Signature Not Verified

2023/DHC/000936

directions that the officials of the Respondents ought not to interfere or give

directions to stop the construction of boundary wall and filling up of the

land/plot of the Petitioners.

3.

Ld. counsel for the Petitioners relies upon the order dated 9^th

February, 2022 passed in similar writ petition being W.P.(C) 2475/2022

titled Shri Rajesh Khanna Through His Father Shri J. C. Khanna v.

SHO, Police Station Najafgarh & Anr. and connected writ petitions.

4.

Mr. Yadav, ld. Counsel for the Petitioners submits that under Section

475 of the Delhi Municipal Corporation Act, 1957 (hereinafter ‘DMC Act’)

if any unauthorised construction is made contrary to any rules, regulations or

byelaws of the DMC Act, police officers can give information of the same to

the Commissioner under the DMA Act. He further relies upon the Unified

Building Byelaws for Delhi 2016, to argue that for construction of the

boundary wall under clause 2.0.1(d)(vii), no permission is required.

5.

Ld. counsel for the Respondents, on the other hand, submits that

under the garb of construction of boundary wall, sewage lines are being

installed, land filling is being done and thereafter, unauthorised colonies are

being erected.

6.

Heard. In W.P.(C) 2475/2022 and connected matters the following

order was passed on 9th February, 2022:

“These petitions have been filed primarily seeking

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:09.02.2023

18:01:30

Signature Not Verified

2023/DHC/000936

applications are disposed of.”

7.

Sections 474 of DMC Act clearly permits the police authorities to

arrest any person who violates any rule, regulation or byelaw if the name

and address of such persons is unknown and upon demand, if the person

committing the violation does not give his name and address. Further,

Section 475 of the DMC Act also provides that immediate information of

any violation or attempted violation of any rule, regulation, bye-law under

the DMC Act is to be given to the Commissioner. The said provision reads:

“475. Duties of police officers- It shall be the duty

authority.”

8.

Insofar as the construction of the boundary wall is concerned, clause

2.0.1(d)(vii) of the Unified Building Byelaws for Delhi 2016 also reads as

under:

“(d) Building permit not required: No notice and

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:09.02.2023

18:01:30

Signature Not Verified

2023/DHC/000936

laws;”

9.

A conjoint reading of the above provisions shows that so long as there

is no dispute as to the ownership of the land, no interference can be caused

by the authorities for construction of the boundary wall. However, if there is

any further construction, erection or action being taken by the Pe