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2024 Supreme(Online)(DEL) 21515
$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3281/2024 & CM APPL. 13555/2024 VARUN KUMAR MODI ..... Petitioner Through:
Mr. Vivek Jain with Mr. Vipul Kumar, Mr. Vaibhav Gupta, Mr. Puneet Kumar and Mr. Gaurav Srivastava, Advocates.
(M): 9818719252 Email: vivekbarmecha@gmail.com versus DELHI DEVELOPMENT AUTHORITY & ORS...... Respondents Through:
Ms. Prabhsahay Kaur, SC, DDA with Ms. Pragati Singh, Advocate for respondent no. 1/DDA. (M): 8171798389 Email: sahayk@gmail.com Mr. Mohit Bhardwaj, Advocate for respondent no. 3/Delhi Fire Service and respondent no. 6/SHO, PS Netaji Subhash Place.
(M): 9811117701 Email: advm870@gmail.com Ms. Sandhya Chauhan with Ms. Pragati Sharma, Advocates for respondent no. 5. (M): 9643455131 Mr. Sanjeev Sagar, Standing counsel with Ms. Nazia Praveen, Advocate for respondent/MCD.
CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA The Order is downloaded from the DHC Server on 10/03/2024 at 03:52:02 % 04.03.2024
VIVEK JAIN
The Delhi Development Authority (DDA) is responsible for taking action against unauthorized construction and illegal encroachment.
Headnote:
Fact of the Case:
A petition was filed seeking directions against the respondents to take action against unauthorized construction and illegal encroachment carried out by respondent nos. 4 and 5 and the fire safety issues prevalent at the property in question bearing Plot No. F-5, Best Sky Tower, Netaji Subhash Place, Pitampura, Delhi-110034.
Finding of the Court:
The court found that there was a sanctioned plan issued to respondent nos. 4 and 5 by the DDA and that there was no unauthorized construction on the tower as such. The court also found that certain kiosks and building material were found existing at the site in question and that appropriate action shall be taken by the DDA for removal of the said kiosks and building material, which are in the nature of encroachment.
Issues: Whether there was unauthorized construction and illegal encroachment carried out by respondent nos. 4 and 5 and the fire safety issues prevalent at the property in question.
Ratio Decidendi: The court held that the DDA shall take appropriate action for removal of the kiosks and building material, which are in the nature of encroachment.
Final Decision: Exemption allowed, subject to just exceptions.
ORDER
1. Exemption allowed, subject to just exceptions.
CM APPL. 13555/2024 (For Exemption)
2. Application is disposed of.
3. The present petition has been filed seeking directions against the respondents to forthwith take appropriate action against the unauthorized construction/illegal encroachment carried out by respondent nos. 4 and 5 and the fire safety issues prevalent at the property in question bearing Plot No.
F-5, Best Sky Tower, Netaji Subhash Place, Pitampura, Delhi-110034.
There is further prayer for demolishing the unauthorised construction and restraining the respondent nos. 4 and 5 from proceeding with construction/encroachment in and around the aforesaid property.
W.P.(C) 3281/2024
4. Issue notice.
5. Notice is accepted by learned counsels appearing for the respondents.
6. Learned Standing Counsel appearing for respondent no. 1/Delhi Development Authority (“DDA”) submits that an inspection was carried out by the DDA on 01st
7. She further submits that there is a sanctioned plan issued to respondent nos. 4 and 5 by the DDA and that there is no unauthorised construction on the tower as such. The aforesaid fact is also confirmed by learned counsel appearing for respondent nos. 4 and 5. March, 2024. She submits that certain kiosks and building material were found existing at the site in question and that appropriate action shall be taken by the DDA for removal of the said kiosks and building material, which are in the nature of encroachment.
The Order is downloaded from the DHC Server on 10/03/2024 at 03:52:02
8. Let reply be filed within a period of three weeks. Rejoinder thereto, if any, be filed within one week thereafter.
9. List on 10th April, 2024.
MINI PUSHKARNA, J April, 2024.
MINI PUSHKARNA, J MARCH 4, 2024 c The Order is downloaded from the DHC Server on 10/03/2024 at 03:52:03
