Plea alleges illegal construction in Chandni Chowk property, HC stops it
The Delhi High Court has directed that no further construction shall take place in a property in Chandni Chowk over an allegation that unauthorised and illegal commercial construction was being carried out in the premises which is in a residential zone.
The high court directed the Municipal Corporation of Delhi (MCD) to ensure strict compliance of the order and also asked the Commissioner of Delhi Police to provide all logistical support to the court Commissioner, appointed by the bench, as well as the visiting team while carrying out an inspection of the premises.
It is directed that till the next date of hearing no construction of any kind shall take place in respect of the property in question, a bench of Chief Justice S C Sharma and Justice S Prasad said.
The court was hearing a petition by Dr S Jaitley, who said the petition has been filed on behalf of the residents of Katra Neel in Chandni Chowk, stating that unauthorised and illegal commercial construction was being carried out over a property in Baag Deewar in Chandni Chowk which is a residential zone.
MCD counsel Sanjeev Sagar and Nazia Parveen said the civic body had issued notices for demolition of the alleged unauthorised and illegal construction. However, a civil suit was filed in the trial court which directed the MCD not to take any coercive action of demolition or sealing without following the due process of law and without giving adequate opportunity of hearing.
The counsel said the trial court has also granted permission to the builder to carry out minor repair works over the suit property but under the garb of the order, the structure of the property was being materially altered and was being converted into a commercial complex by constructing or partitioning floors.
The court said that to find out as to whether only minor repair works were being carried out or the structure of the property was being altered and converted into commercial complex by constructing floors or partitioning floors, it was inclined to appoint a lawyer as the court commissioner to inspect the property and submit a detailed report in the matter.
It said the court commissioner shall be free to videograph the construction and shall inform the date and time of inspection to the petitioner and the respondents and he shall submit the report within a period of 15 days.
The high court said the report shall include various orders passed by the trial court from time to time, and a specific statement with all minute details as to whether only minor repair works were being carried out or the structure of the property was being altered and was sought to be converted into a commercial complex by raising fresh constructions/partitioning existing floors.
The court issued notice to the MCD and listed the matter for further hearing on September 23.
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