CENTRE FOR EDUCATION ON CRIME PREVENTION SOCIAL AND CULTURAL NGO THROUGH ITS PRESIDENT SOUTH EAST DISTRICT AFTAB KHAN vs COMMISSIONER MCD & ORS.

$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4730/2024
CENTRE FOR EDUCATION ON CRIME PREVENTION SOCIAL AND CULTURAL NGO THROUGH ITS PRESIDENT SOUTH EAST DISTRICT AFTAB KHAN ….. Petitioner
Through: Mr.Anubhav Dubey, Advocate.
versus COMMISSIONER MCD & ORS. ….. Respondents
Through: Mr.Ajjay Aroraa with Mr.Kapil Dutta, Mr.Vansh Luthra and Ms.Simran Arora, Advocates for MCD. Mr.Karan Bhardwaj, ASC for GNCTD with Mr.Shubham Singh and Mr.Rajat Gaba, Advocates for R-4 & 5 with SI Asheesh Sharma, PS Shaheen Bagh. SI Ravi Shankar, PS Patel Nagar.
% Date of Decision: 02nd April, 2024
CORAM: HON’BLE THE ACTING CHIEF JUSTICE HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMOHAN, ACJ : (ORAL)
1. Present writ petition has been filed seeking directions to respondent
nos.1 to 5 to stop and demolish the illegal and unauthorised construction
being carried out by respondent nos.6 and 7 on the land bearing Khasra
No.A-142, admeasuring 150 sq. yds. situtated at Shaheen Bagh, Tokar No.6,
Okhla, New Delhi.
2. Learned counsel for Municipal Corporation of Delhi (MCD), who
appears on advance notice, states that the property in question has already
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been booked and Work Stop Notice dated 27th March, 2024 has been issued to the Station House Officer (SHO), Police Station Shaheen Bagh. He further states that a direction has been issued vide letter dated 28th March, 2024 for disconnection of electricity and water supply to the above-said premises. He assures and undertakes to this Court that within a week, necessary demolition order shall be passed and requisite demolition action shall be taken within two weeks thereafter.
3.
Learned counsel for Delhi Police, on instructions, states that requisite police force shall be provided for as and when asked for by the MCD. He also states that the Work Stop Notice shall be implemented at ground level forthwith.

4.
The said statements/undertakings given by learned counsel for MCD and Delhi Police are accepted by this Court and the MCD as well as Delhi Police is held bound by the same.

5.
BSES Rajdhani as well as Delhi Jal Board shall also ensure that the order dated 28th March, 2024 issued by the MCD is implemented forthwith.

6.
Learned counsel for MCD shall communicate a copy of this order to the BSES Rajdhani and Delhi Jal Board as well as the SHO Shaheen Bagh forthwith. Accordingly, the present writ petition stands disposed of.

7.
Let a compliance affidavit be filed by the MCD within eight weeks. List the matter for compliance on 16th July, 2024.

ACTING CHIEF JUSTICE

MANMEET PRITAM SINGH ARORA, J APRIL 2, 2024 KA
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