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2023 DIGILAW 4271 (DEL)

Tej Bahadur Thapa v. South Delhi Municipal Corporation

2023-07-21

PRATEEK JALAN

body2023
ORDER CM APPL. 36852/2023 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. CM APPL. 36851/2023 (for modification of order dated 21.10.2019) 1. The petitioner has filed this application for correction of a typographical error in order dated 21.10.2019 by which W.P.(C) 10302/2019 filed by him was disposed of. 2. The order dated 21.10.2019 reads as follows: "In this case though notice was not issued the respondent No.1 has filed a status report stating the action taken. Copy of the Status Report has been handed over in court today. The property in question being Shop No.1, D-94, Radha Krishna Mandir, Krishna park, Khanpur, New Delhi has been booked on 12.6.2019 in the shape of ground floor and raising columns above it without sanction/permission. Necessary demolition order was also passed on 21.6.2019. Stop construction notice was also issued to SHO PS Tigri, New Delhi. Letter for disconnection of electricity and water supply has also been sent on 30.7.2019. Necessary demolition action was fixed for various dates but could not take steps due to non-availability of police force. The same is now fixed for 30.10.2019. It is manifest that the respondents are taking action as per law against the unauthorised construction. Nothing further survives in the present matter. The respondent No.1 will continue to deal with the said property as per law. The concerned police station namely P.S. Tigri will provide necessary police force for the proposed demolition action on 30.10.2019. With the above, the present petition stands disposed of. A copy of this order be given dasti under signatures of the Court Master to learned counsel for the parties" [Emphasis supplied.] 3. The error, according to the petitioner, is that the property in question has been identified as " Shop No. 1 D-94, Radha Krishan Mandir, Krishna Park, Khanpur, New Delhi " whereas the property in respect of which he had approached the Court was D-93, opposite Canara Bank, Khanpur Branch, Krishna Park, New Delhi 110080 ["D-93"]. 4. The contents of the petition, including the prayers, reflect that the petitioner's grievance was in respect of property No. D-93. The Municipal Corporation of Delhi ["MCD"] filed a status report in October 2019, which has also been referred in the order dated 21.10.2019. Although I do not find a copy of the status report on record, copy has been handed over by Mr. The Municipal Corporation of Delhi ["MCD"] filed a status report in October 2019, which has also been referred in the order dated 21.10.2019. Although I do not find a copy of the status report on record, copy has been handed over by Mr. Ranjeet Pandey, learned counsel for the MCD. 5. A perusal of the status report shows that the status report was also in respect of property No. D-93. The error appears to have come as a result of paragraph 4(1) of the status report which contains the description of the adjacent property in the following terms: "xxxx xxxx xxxx 4. That on inspection of the said site/area in question and upon perusal of the record, the status of the actions as already taken/carried out by the Building Department-II, South Zone in respect of the unauthroized construction till date are entailed herein below: - i) The subject property has been identified as property adjacent Shivam Enterprises Shop No. 1, D-94, Radha Krishna Mandir, Krishna Park, Khanpur, New Delhi , which has been booked vide file No. 224/UC/B-II/SZ/19 dated 12/06/2019 in the shape of Ground floor and raising columns above it without sanction/permission from SDMC for taking the necessary demolition action u/s 343/344 of DMC Act. Upon following the due process of law in this regard the necessary demolition order also stands passed by the competent authority i.e. the AE (Bldg), South Zone on 21/06/2019. The copy of the demolition order/notice in this regard is annexed herewith as Annexure-A. xxxx xxxx xxxx" [Emphasis supplied.] 6. Almost four years have passed since the order dated 21.10.2019 was passed. During this period, none of the parties have approached this Court for any correction. 7. In the meantime, the petitioner also filed CONT. CAS (Civil) 1009/2019 alleging violation of the order dated 21.10.2019. I am informed that the contempt petition was disposed of yesterday on the ground that action has been taken by the MCD against respondent Nos. 9 and 10 in the writ petition, for which they are before the Appellate Tribunal of MCD ["ATMCD"]. 8. Mr. Varun Nischal, learned counsel for respondent Nos. 9 and 10, states that their property is, in fact, neither D-93 nor D-94, but D-4, Krishna Park. Be that as it may, they were served with a demolition order wrongly describing their property as D-93. 8. Mr. Varun Nischal, learned counsel for respondent Nos. 9 and 10, states that their property is, in fact, neither D-93 nor D-94, but D-4, Krishna Park. Be that as it may, they were served with a demolition order wrongly describing their property as D-93. They have already approached the ATMCD against this order, and the ATMCD is in seisin of the matter. 9. A copy of the show cause notice dated 21.11.2019 issued by the MCD to respondent No. 9, has been handed over in Court. In the said show cause notice, the property has been described as " D-93, adjacent Shivam Enterprises, Shop No. 1, D-94, Radha Krishna Mandir, Krishna Park, Khanpur, New Delhi ." Mr. Pandey states that sealing orders have also been issued thereafter. 10. In these circumstances, it appears that the petitioner and the MCD have read the order dated 21.10.2019 as relating to D-93 only. 11. The application is therefore disposed of, recording that the order dated 21.10.2019, and the status report mentioned therein pertain to property No. D-93, adjacent Shivam Enterprises, Shop No. 1, D-94, Radha Krishna Mandir, Krishna Park, Khanpur, New Delhi . 12. It is made clear that this order will not prejudice the rights and contentions of respondent Nos. 9 and 10 in the appeal filed by them before the ATMCD. Similarly, if the MCD proposes to take any action against any other party, whether in respect of D-93 or D-94, it will do so only after strict compliance with all statutory formalities and in accordance with law. 13. The show cause notice dated 21.11.2019, and a copy of the contempt petition, which includes the status report aforesaid, which were handed up in Court, and are taken on record.