Satish Kumar vs Commissioner, South Delhi Municipal Corporation And Others

Sanjeev Sachdeva, J

The hearing was conducted through video conferencing.

Petitioner seeks a direction to respondent Corporation as well as the SHO, Police Station Hari Nagar to stop respondent No.4 from continuing with

the illegal and unauthorised construction in property bearing No.WZ-VB-137, Gali No.6, Virender Nagar, New Delhi. Further direction is sought to

respondent Nos.1 & 2 to demolish the unauthorised construction and respondent No.3 to provide assistance in demolition of the construction.

Learned counsel appearing for respondent Nos.1 & 2 â€" Corporation vehemently opposes the issuance of notice. He submits that the petition has

been filed without verifying true facts and by making false allegations. He submits that construction plan has been sanctioned under the saral scheme.

It is submitted that in the present time of pandemic subject petition has been filed alleging illegal unauthorised construction and the officers of the

respondent Corporation have had to verify the factual matrix of the matter.

He submits that since there is a sanctioned plan, no action can be taken against the subject property at this stage. It is only after completion of the

construction, when completion certificate is applied that the Corporation officers are obliged to inspect the property and to verify the construction,

unless illegal unauthorised construction is apparent on the face of it.

Learned counsel submits that on inspection of the property there was no illegal unauthorised construction apparent on the face of it. He submits that

action in accordance with law would be taken at the appropriate stage, if required.

The statement is taken on record.

In view of the fact that subject petition has been filed without verification of correct facts and by alleging that there is no sanction plan, when there

is one, I deem it expedient to dismiss the petition by imposing cost of Rs.5000/- on the petitioner.

The petition is accordingly dismissed, with costs of Rs. 5,000/-.

Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels through email.