Jangpura Bhogal SC/ST Residential Welfare Association Versus Dr. Puneet Kumar Goel, the Commissioner, South Delhi Municipal Corporation & Ors. - Synopsis

The petitioner is filing the present petition under Section 11 and 12 of the Contempt of Courts Acts, 1971 for Non-Compliance of the order dated 17.11.2017 passed by this Hon’ble Court in W.P. (Civil) No. 10175/2017 directing the respondents No. 1 to demolish the illegal and unauthorized constructions preferably within a period of six weeks from the passing of the order.

Whereas this Hon’ble Court specifically directed that the Commissioner, South Delhi Municipal Corporation is directed to look into the allegations of unauthorized constructions made in the petition and take the requisite steps immediately to stop and/or demolish unauthorized constructions, as early as possible, preferably within six weeks from today. Petition and the pending application stand disposed off accordingly”.  

Whereas the petitioner filed the aforesaid writ petition seeking issuance of writ of Mandamus, Certiorari or any other writ, directions and orders for stopping of illegal constructions booked by the South Delhi Municipal Corporation, Building Department Central: One: Lajpat Nagar vide Unauthorized Construction File No. 485/B/UC/EE(B)-1/CNZ/17 dated 08.08.2017; and demolition of Illegal and Unauthorized structures at Plot No. 30 & Plot No. 4749, Khasra No. 865/352, Bhogal Road, Bhogal, New Delhi-110014.

Whereas it was further submitted that a huge illegal commercial complex without any sanction plan, permission from South Delhi Municipal Corporation, Fire Department, Water Department and Electricity Department etc. is being dangerously and illegally constructed/raised by the respondents no. 3 & 4 at Plot No. 30 & Plot No. 4749, Khasra No. 865/352, Bhogal Road, Bhogal, New Delhi-110014, in the middle of main market at Bhogal, New Delhi, which is not only erupting as a dangerous building but nuisance to the local residents with all flouting constructions rules, regulations, bye laws and curbing easementary rights of the local residents who are apprehending even danger to their lives with the huge mega illegal commercial structure being raised just in the middle of the market in front of all civic agencies”.

Whereas vide an application dated 15.05.2017 moved under “the RTI Act”, the petitioner requisitioned the information with respect to the illegal rampant constructions and its required permission going on at Plot No. 30 & Plot No. 4749, Khasra No. 865/352, Bhogal Road, Bhogal, New Delhi-110014, which was replied vide reply dated 29.06.2017 stating that the said construction is illegal without any building plan sanctioned by South Delhi Municipal Corporation of Delhi.

Whereas thereafter the petitioner received a letter dated 29.08.2017 marked to the SHO, Police Station, Hazarat Nizamuddin, directing the immediate stoppage of all construction activity and removing of all construction material including the tools, machinery etc. involved in the execution of the construction work, but nothing was done.

Whereas under constraints, the petitioner approached this Hon’ble Court that directed the respondent No. 1 to take immediate steps for demolition of the illegal structures despite that nothing was done.

Whereas compelled with the same after passing the directions by this Hon’ble Court vide complaint dated 29.11.2017, the petitioner made a representation to all the respondents, but to comply with the order nothing was done rather willful disobedience was made making illegal structure build swiftly, which is visible from the photographs annexed herewith.

Whereas the petitioner moved an application under RTI wherein it was stated that the as per record in respect of Plot No. 4749, Central Road (Khasra No. 865/352), Bhogal, New Delhi, a building plan was sanctioned on line and released on 12.06.2017 in the name of M/s Bhai Build Com. Pvt. Ltd. for construction of basement, stilt, and ground to third floor in respect of property bearing Khasra No. 865/352 at Mauja Ali Ganj, Abadi Jangpura, Bhogal, New Delhi, for residential use, whereas, even from the photographs, it is visible that the respondents No. 3 to 4 have build a commercial building having not stilt even converting it in to a huge commercial shopping complex, which is in vigorous violations of the directions passed by this Hon’ble Court deliberately and willfully. Hence the present Contempt Petition.

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