Neutral Citation Number : 2023/DHC/001380

LPA 104/2023

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 23^rd FEBRUARY, 2023

IN THE MATTER OF:

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LPA 104/2023 & CM APPLs. 6443-44/2023

ANIL DUTT SHARMA

..... Appellant

Through:

Mr. Manoj Kumar Dwivedi and Ms.

Anushka Pandey, Advocates.

versus

GOVERNMENT OF N.C.T. OF DELHI & ORS. ..... Respondents

Through:

Mr. Avishkar Singhvi, Mr. Vivek

Kumar and Mr. Naved Ahmed,

Advocates for R-1.

Mr. Ajjay Aroraa, Standing Counsel

for MCD with Mr.Kapil Dutta and

Mr. Anuj Bhargava, Advocates.

CORAM:

HON’BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

JUDGMENT

SUBRAMONIUM PRASAD, J.

1.

The instant LPA has been filed challenging the Order dated

27.11.2019, passed by the learned Single Judge in W.P.(C) 37/2018, and

Order dated 08.12.2022, passed by the learned Single Judge in the Review

Petition, being Review Petition No.27/2020, which was filed by the

Appellant herein in W.P.(C) 37/2018.

2.

Facts of the case reveal that the Appellant herein approached this

Court by filing W.P.(C) 37/2018 with the following prayers:

Neutral Citation Number : 2023/DHC/001380

LPA 104/2023

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seal building under section 345A DMC Act.”

3.

It is stated in the Writ Petition that unauthorised construction for

commercial purpose is being carried out on properties No. D-246 and D-

248, Dilshad Garden. It is also stated that there is a third property, namely,

245, Dilshad Garden, where also unauthorized construction is going on.

4.

Status Report has been filed by the Corporation. It is stated in the

Status Report that property No.D-246, Dilshad Garden, has been booked for

unauthorised construction and a demolition order has also been passed on

25.04.2016 but the owners/occupiers have filed an appeal against the

demolition order before the Appellate Tribunal Municipal Corporation of

Delhi (hereinafter referred to as „the Appellate Tribunal‟) and the Appellate

Tribunal has passed an interim order in favour of the owners/occupiers. It is

further stated in the Status Report that properties No.D-245 and D-248 near

Mangal Bazar, Dilsahd Garden, Delhi do not exist and are not traceable.

Neutral Citation Number : 2023/DHC/001380

LPA 104/2023

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5.

After going through the material on record, the learned Single Judge,

vide Order dated 27.11.2019, disposed of the Writ Petition by holding that

the Respondents are taking steps to deal with the unauthorized construction

on the properties in question. Learned Single Judge held that property No.D-

246 has already been booked for unauthorised construction and a demolition

order has also been passed which is the subject matter of appeal pending

before the Appellate Tribunal and the Respondents were directed to abide by

the directions as may be passed in the said appeal. As far as properties No.

D-245 and D-248, Mangal Bazar, Dilshad Garden, Delhi, are concerned, the

learned Single Judge gave liberty to the Appellant herein to make a

representation to the Corporation by giving full details of the location of the

said two properties and further directed the Corporation that in case such a

representation is made, the Corporation shall deal with the same in

accordance with law and take appropriate steps.

6.

The Appellant filed a Review Petition, being Review Petition

No.27/2020 challenging the Order dated 27.11.2019 by contending that the

Corporation misled this Court by stating that properties bearing No. D-245

and 248, Dilshad Garden near Mangal Bazar, Dilshad Garden, Delhi do not

exist and are not traceable. It is stated in the Review Petition that RTI

information reveals that there are two properties, i.e. D-246 and 246 (part).

It has been contended that properties No. D-245 and D-248 pertains to a part

of the property No.D-246.

7.

The Review Petition has been disposed of vide Order dated

08.12.2022. A perusal of the Order dated 08.12.2022 shows