2025 (1) TMI 928 - HC - Indian Laws

Seeking action in respect of alleged unauthorised construction by respondent No. 3 - HELD THAT - The rights and contentions of the owners/occupants of the subject property are expressly reserved. MCD is directed to take action strictly in accordance with law and after complying with all statutory formalities and bearing in mind the Supreme Court judgment in IN RE DIRECTIONS IN THE MATTER OF DEMOLITION OF STRUCTURES 2024 (11) TMI 1414 - SUPREME COURT . The court disposed of the petition reserving the rights and contentions of the property owners/occupants. MCD is instructed to act according to law and comply with all statutory formalities referencing the Supreme Court judgment dated 13.11.2024 regarding demolition of structures.

Summary

In the case before the Delhi High Court, the petitioner sought relief under Article 226 of the Constitution concerning alleged unauthorized construction by respondent No. 3 at property S-109, Param Puri, Uttam Nagar, New Delhi. The Municipal Corporation of Delhi (MCD) acknowledged that the property is in an unauthorized regularized colony and lacks a sanctioned plan. MCD intends to issue a show cause notice to the owner/occupants within a week and will proceed with actions based on the reply, adhering to legal requirements.

The court disposed of the petition, reserving the rights and contentions of the property owners/occupants. MCD is instructed to act according to law and comply with all statutory formalities, referencing the Supreme Court judgment dated 13.11.2024 regarding demolition of structures. The petitioner retains the right to approach the Special Task Force (STF) for further grievances, as established by the Supreme Court in M.C. Mehta vs. Union of India & Ors. The judgment also cites relevant precedents, including decisions in Devender vs. Govt. of NCT of Delhi and others, and other related cases.