Delhi HC Halts Alleged Illegal Construction Of Chandni Chowk Property, Appoints Court Commissioner For Inspection

The Delhi High Court has halted alleged illegal commercial construction over a property in Chandni Chowk.

The Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad ordered thus "It is directed that, till the next date of hearing, no construction of any kind shall take place in respect of the property in question."

The Petitioners, who had appeared in-person, filed the Public Interest Litigation on behalf of the residents of Katra-Neel Chandani Chowk, Delhi stating that unauthorized and illegal commercial construction was being carried out over a property in Chandni Chowk, Delhi which is a residential zone.

Sanjeev Sagar, Standing Counsel for MCD, stated that the MCD had issued notices for demolition of the alleged unauthorized and illegal constructions. However, a direction was issued to the MCD not to take any coercive action of demolition or sealing without following the due process of law and without giving adequate opportunity of hearing.

It was submitted by the Counsel for the MCD that under the garb of the order granting permission to carry out minor repair works by the Trial Court, the structure of the property was materially altered and is being converted into a commercial complex by constructing floors/partitioning floors.

The Court held thus "In order to find out as to whether only minor repair works are being carried out or the structure of the property in question is being altered and being converted into commercial complex by constructing floors/partitioning floors, this Court is inclined to appoint Mr. Pritish Sabharwal, Advocate, who is present in Court, as the Court Commissioner to inspect the property in question and to submit a detailed report in the matter."

The Court directed him to submit the report within 15 days.

The Court further directed that the report should contain details regarding whether only minor repair works are being carried out or the structure of the property in question is being altered and is sought to be converted into a commercial complex by raising fresh constructions/partitioning existing floors.

The Court directed MCD to ensure strict compliance of its order while listing the matter for further hearing on September 23.

Cause Title- Dr. S. Jaitley & Anr. v. Municipal Corporation of Delhi & Ors.

Click here to read/download the Order