BABITA Vs. SDMC

JUDGEMENT

(1.) By way of the present petition filed under Article 226 of the Constitution of India, the petitioner has sought directions to respondent No. 1/SDMC for stoppage of work and removal of illegal and unauthorised construction stated to be carried out by respondent No. 4 (as per amended memo of parties) at property bearing Khasra No. 139, situated in the revenue estate of Village Maidan Garhi, New Delhi (hereinafter, referred to as the "subject property").

(2.) The petitioner claims to be the joint owner of the subject property, alongwith respondent No.4, who in fact is stated to be her uncle. It is the petitioner's case that her father-Late Sh. Het Ram had filed a Civil Suit with respect to the subject property against respondent No.4, and after his passing away on 21/4/2020, respondent No.4 started raising illegal and unauthorised construction at the subject property in September, 2021. It is alleged that in connection therewith, the petitioner made several complaints to the concerned authorities, whereafter a notice dtd. 8/10/2021 was issued by respondent No.1/SDMC to the SHO, P.S. Maidan Garhi for stopping the unauthorised construction activity at the subject property, however, no further/prompt action was taken.

(3.) Mr. Pradyumna Tyagi, learned counsel for the petitioner, submits that the petitioner had filed representations and complaints to respondent Nos. 1, 2 and 3 on multiple occasions, but in response to the same no action was taken. He further submits that vide order dtd. 24/11/2021, this Court while issuing notice had recorded the submissions on behalf of respondent No. 1/SDMC to the effect that action has already been initiated by the Corporation against the unauthorised construction and further action in accordance with law shall be taken. On the same date, this Court had also directed that respondent No. 1/SDMC shall ensure that no unauthorised construction activity is permitted in the subject property, except in accordance with a sanctioned building plan, if any.