W.P.(C) 9717/2024 p. 1 $~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9717/2024 and CM APPL. 39845/2024 SH DAVINDER PAL SINGH SAWHNEY .....Petitioner Through: None. versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Vikalp Mudgal and Mr. Prakhar Khanna, Advocates with Respondent No.4 in person. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 06.02.2025 1. Matter has been taken up today as 05.02.2025 was declared a holiday on account of elections in Delhi. 2. This writ petition is preferred on behalf of the Petitioner under Article 226 of the Constitution of India seeking the following reliefs: “A. Issue appropriate writ, order or direction in the nature of the Mandamus thereby directing the respondent No.1 to 3 to deposit the entire structure/construction existing in property No.A-2/197, Janakpuri, New Delhi-ll0058 pursuant to the demolition order dated 08.05.2024 passed by the respondents No.1 to 3 U/s.343/344 of DMC Act in respect of the said property and also to initiate prosecution against respondent No.4 as provided under section 461 of DMC Act; B. Issue appropriate writ, order or direction in the nature of the Mandamus thereby directing the respondent No.1 to 3 to remove all structure/construction raised by the respondent No.4 by way of/in the shape of encroachment over and above the roof of the adjoining property No.A-2/196, Janakpuri, New Delhi-110058 belonging to the petitioner from first floor upto third floor and to make the said property of the petitioner encroachment free;” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/02/2025 at 17:34:41 W.P.(C) 9717/2024 p. 2 3. None for the Petitioner despite the matter having been called twice. 4. Status report dated 24.07.2024 has been filed on behalf of MCD in which it is stated that as per record maintained by Building Department-II, West Zone, MCD, building plan of property bearing No. A-2/197, Janakpuri was sanctioned by the department for Stilt, Ground Floor to Third Floor vide ID No. Plan No.10110292 dated 18.01.2023. Thereafter the owner carried out construction activity from Stilt to Third Floor in accordance with the building plan, however, some deviations/excess coverage against the sanctioned building plan were noticed by the department and property was booked on 29.04.2024. Show cause notice dated 29.04.2024 under Section 344(1) of the Delhi Municipal Corporation Act, 1957 (‘DMC Act’) was issued to Sh. Kulmohan Singh/Respondent No.4 herein. 5. It is further stated that following the due process of law provided under Sections 343 and 344 of DMC Act, demolition order was passed on 08.05.2024 and work stop notice under Section 344(2) was issued to concerned SHO, PS: Janakpuri on 15.05.2024 to stop the construction activity and remove the construction material as well as the labour. To execute the demolition order, demolition action was scheduled for 03.06.2024 on which day brick walls of the room at Stilt Floor were demolished. Subsequent to the demolition action, a regularisation application was filed by Respondent No.4 and under the Self Assessment Scheme, the deviations, etc. have been regularised from Stilt to Third Floor vide order dated 13.06.2024. A second status report was filed by MCD on 14.10.2024 in which it is stated that the subject property was subsequently inspected to ascertain if there was any further encroachment, however, no further encroachment/deviation was found. Therefore, no further action is This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/02/2025 at 17:34:41 W.P.(C) 9717/2024 p. 3 warranted by MCD. 6. Respondent No.4 is present in Court and submits that neither any unauthorised construction has been carried out in the property post the regularisation order nor any unauthorised construction will be carried out in the future. 7. In view of the status reports of MCD and statement of Respondent No.4, no further order is required to be passed in the present writ petition and the same is disposed of in the aforesaid terms. Needless to state, if the Petitioner has any further grievance, he may take recourse to legal remedies. Statement of Respondent No.4 is taken on record and shall bind him. 8. Pending application stands disposed of. JYOTI SINGH, J FEBRUARY 6, 2025 B.S. Rohella This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/02/2025 at 17:34:41