JAGAN NATH SHARMA Vs. MCD

JUDGEMENT

(1.) THIS petition is filed by one Sh.Jagan Nath Sharma, son of Sh. Jai Narain Sharma, a resident of House No.9, Village Basant Nagar, New Delhi praying inter alia for issuance of a writ of mandamus to the respondents No.1 & 2 to take appropriate action in respect of the unauthorized construction and encroachment made in their respective properties by respondents No. 3 to 25, all residents of village Basant.

(2.) ON 21.4.2011, when the matter came up for admission, in view of the submission made by the counsel for the petitioner that he did not wish to press reliefs (b) & (c) made in the prayer clause and instead sought to confine the relief in the present petition to prayer (a) alone, notice was issued in the present petition limited to prayer (a) and respondent No.1/MCD was directed to file a counter affidavit setting out the action taken by the Department, in respect of the unauthorized construction, if any, existing in the premises in question occupied by respondents No.3 to 25.

(3.) AS per the order dated 24.11.2010 passed in the aforesaid writ petition that had been filed by Sh.Shyam Sunder Sharma, brother of the petitioner, properties of 12 other persons in the colony besides the property of the petitioner therein, were sealed and the remaining properties had been surveyed along with the Delhi Police on 16th November, 2010 and no ongoing construction was found in the remaining properties. It was clarified that there was ongoing construction in the property of the petitioner therein as well as in the 12 other properties that had been sealed. It was further stated that the action for unauthorized construction, if any in other properties, could not be taken at that time in view of the promulgation of the National Capital Territory of Delhi Laws(Special Provisions) Second Act, 2009 and that action would be taken in accordance with law immediately after the said protection is removed. A copy of the aforesaid order is handed over by learned counsel for respondent No.1/MCD and taken on record.