W.P.(C)/4586/2017 of NAVEEN SAXENA Vs THE STATE (NCT OF DELHI) AND ORS

IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(C) 4586/2017 & CM APPLs. 20029/2017 and 21543/2017NAVEEN SAXENA..... PetitionerNAVEEN SAXENA..... Petitioner

..... Petitioner

ThroughMr. Rakesh Shukla and Mr. NikhleshVashishth, Advs.Vashishth, Advs.

versus

THE STATE (NCT OF DELHI) AND ORS ..... RespondentsThroughMr. Siddhartha Shankar Ray, Adv forR-1, 5, 6 & 7 with ASI Bhadur Singh.Ms. Biji Rajesh, Adv for Mr. GaurangKanth, Adv for R-2 to 4.Mr. Somak Mukhopadhyay, Adv forR-8.ThroughMr. Siddhartha Shankar Ray, Adv forR-1, 5, 6 & 7 with ASI Bhadur Singh.Ms. Biji Rajesh, Adv for Mr. GaurangKanth, Adv for R-2 to 4.Mr. Somak Mukhopadhyay, Adv forR-8.

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R R%19.09.2017

Petitioner, by the instant petition filed under Article 226 of theConstitution of India, in effect, seeks writ of mandamus to therespondent-SDMC and consequentially Delhi Police to stop andremove illegal unauthorised construction being raised in propertybearing no. RZC 4/30, Gali No. 26, Vashit Park, New Delhi. In thestatus report of respondent-SDMC, it is stated, as follows:

“2.That the unauthorized construction at Ground Floorand raising of walls and columns at First Floor at Plot No. C-4/30, Gali No. 26, Vashisht Park, Dabri has been booked by theBuilding Deptt., Najafgarh Zone under section 343/344 of theDMC Act; vide U.C. File No. 193/B/UC/NG/17 dt. 18/5/2017.and raising of walls and columns at First Floor at Plot No. C-4/30, Gali No. 26, Vashisht Park, Dabri has been booked by theBuilding Deptt., Najafgarh Zone under section 343/344 of theDMC Act; vide U.C. File No. 193/B/UC/NG/17 dt. 18/5/2017.

3.That the work stop notice has been sent to SHO, PSPalam, vide this office letter bearing No. EE(B)NGZ/17/D-352dt. 26/5/2017.Palam, vide this office letter bearing No. EE(B)NGZ/17/D-352dt. 26/5/2017.

4.That the letter for disconnection of water and electricity

supply from the suit property has also been snet to DJB andBSES authorities, vide letter No. EE(B)NGZ/17/D-348 dt.24/5/2017andNo.EE(B)NGZ/17/D-349dt.24/5/2017respectively.

5.That it is further submitted thta the owner/occupier ofthe property in question challenged the Demolition Orderpassed by the answering Respondent in in Appeal No.470/2017titled as Sh. R.D. Verma Vs SDMC and the same is stillpending before the Hon’ble Appellate Tribunal M.C.D. Thecase was listed on 19.07.2017 before the Hon’ble AppellateTribunal M.C.D. The Appellate Tribunal M.C.D. passed orderon 19.07.2017 which is reproduced as under:-

“Considering the facts and circumstances of this case, Iorder that respondent corporation will not carry out anydemolition action in the property of the appellant bearing No.C-4/30, Gali No. 26, Vashist Park, New Delhi qua theimpugned demolition orer till next date of hearing.

True copy of the order passed by the Ld. ATMCD is annexedhere with as Annexure R-1.”

Though, the status report filed for the reasons unexplained doesnot disclose the date of the demolition order, the fact remains that thedemolition order has come to be assailed by way of statutory appealbefore AT, MCD and AT, MCD is said to have passed orders againstdemolition. In view of such status report, nothing further survives inthe petition. Petition stands disposed off accordingly. Opportunity ishowever, reserved to the petitioner to approach this Court afresh, if, afresh cause of action arises.

SEPTEMBER 19, 2017ac

A. K. CHAWLA, J