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2024 Supreme(Online)(DEL) 28923
HIGH COURT OF DELHI
Sachin Datta, J
KRISHNA BHATIA – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI & ORS. – Respondent
W.P.(C) 6237/2024
AFESH KUMAR
The proper remedy for addressing unauthorized construction lies in pursuing a writ petition rather than a civil suit against the municipal authority.
Headnote:(A) Municipal Corporation Act - Unauthorized construction - The petitioner alleged illegal construction in property No.C-16-G, Third Floor, Munirka, DDA Flats, New Delhi - A civil suit has been filed seeking removal of the unauthorized construction - The petitioner intends to amend the civil suit to exclude the MCD and pursue the writ petition instead - The MCD will inspect the property and take action if unauthorized construction is found - The petitioner is to provide the Standard Plan/Accommodation Plan to the MCD within two weeks - The MCD undertakes to act within four weeks of receiving the plan. (Paras 1-6)
(B) Withdrawal of petition - The petition is dismissed as withdrawn, with the statement of the DDA and MCD being recorded. (Paras 7)
1. The present petition has been filed by the petitioner alleging illegal/unauthorized construction in property bearing No.C-16-G, Third Floor, Munirka, DDA Flats, New Delhi.
2. At the outset, learned counsel for the petitioner concedes that a Civil Suit being CS(OS) No.579/2019 has been filed by the petitioner before court of Ld. ADJ-04, Patiala House Courts, New Delhi, wherein one of the reliefs sought is that the MCD be directed to remove the illegal/unauthorized construction which is the subject matter of the present petition.
3. Learned counsel for the petitioner submits that the petitioner shall take appropriate steps to amend the civil suit so as to delete the MCD from the array of parties in the said suit and to drop the prayer sought against the MCD in the said suit inasmuch as the proper remedy of the petitioner lies in pursuing the present writ petition. The said statement of learned counsel for the petitioner is taken on record.
4. Learned counsel for the respondent/MCD submits that the MCD has sought a copy of the “Standard Plan/Accommodation Plan” in respect of the premises from the DDA. It is stated that upon receipt of the same, the MCD will forthwith inspect the property in question and if any unauthorized construction is found to be subsisting therein, appropriate action for removal of the same shall be taken in accordance with law.
5. Learned counsel for the respondent/DDA, who appears on advance notice submits that a copy of the Standard Plan/Accommodation Plan shall be provided by the petitioner to the MCD within a period of two weeks from today. It is directed accordingly.
6. Learned counsel for the MCD undertakes, on instructions, that requisite action shall be taken expeditiously and preferably within a period of four weeks from the date of receipt of the Standard Plan/Accommodation Plan from the DDA. Needles to say, any action proposed to be taken by the MCD shall be subject to the statutory/appellate remedies of the owner/occupier of the property in question.
7. In view of the aforesaid, no further orders are sought by the petitioner at this stage. The present petition is accordingly dismissed as withdrawn, however, taking on record the statement made by learned counsel for the DDA and MCD.
