AJAY KUMAR Vs. HARBANS LAL BHATIA

JUDGEMENT

(1.) THIS writ petition has been moved by the petitioners alleging illegal and unauthorized construction of property bearing No.D-11, Jharoda Main Road, Hardev Nagar, Burari, New Delhi-110084. It was, inter alia, alleged that the construction being raised at the site in question is wholly unauthorized and without sanction of law.

(2.) IT was further alleged that the building is dangerous and is a threat to the safety of the petitioners who live in the adjacent house. The matter has been pending in Court ever since July, 2012 and, after show cause notice was issued to the respondents, the MCD informed the court that the property in question had been booked after inspection and action in terms of the MCD Act and Rules had been initiated. This court also directed affidavits to be filed by the concerned Junior Engineer of the area to give details as to how the construction was allowed in the absence of any sanctioned plan and that too upto the third floor. The presence of the Junior Engineer was also directed by this court, looking to the contention of the petitioners that there appears to be connivance of the officials of the MCD in the matter.

(3.) THE said affidavit is taken on record. A perusal of the photographs, and the affidavit shows that some portions of the roof slabs have been broken. However, the construction in question which appears to be extensive and in which a large quantity of reinforced concrete along with steel has been used, is still standing on the spot. The MCD is directed to carry out its decisions to demolish in full in every respect. The standing structure shall be completely demolished and no part of the debris shall be allowed to remain on spot.