Sh Mukesh Kumar vs Municipal Corporation Of Delhi & Ors

Headnote AI-drafted · Editorially reviewed

The petitioner filed a Public Interest Litigation under Article 226 of the Constitution of India seeking directions against the respondents to take action against officials who illegally sanctioned construction plans on open space/land earmarked for community facility at West Jyoti Colony, Chhajjupur, Kabir Nagar, Shahdara, Delhi, and to remove encroachments thereon. The petitioner further sought directions to construct community facilities as per the layout plan sanctioned in 1992 and to restrain respondents from entertaining applications for sanction of site plans prior to regularisation of the colony.

The Municipal Corporation of Delhi, in its status report dated 25th July 2024, disclosed that the colony was regularised vide resolution dated 14.10.1992, but the area earmarked for community facility had never been acquired by the Secretary (L&B), Delhi Administration, and had not been handed over to MCD. MCD further submitted that no sanctions had been accorded by it in respect of land shown as 'Community Facility', though proceedings had been initiated against unauthorised constructions, including issuance of show cause notices and demolition orders under Sections 343 and 344 of the Delhi Municipal Corporation Act, 1957.

The Court took note of MCD's status report reflecting that demolition actions had been repeatedly deferred due to non-availability of police force, and directed further compliance and action by the respondent authorities. The matter was disposed of in light of the steps taken and undertakings given by the respondents regarding enforcement action against unauthorised constructions in the community facility area.

Catchwords: Public Interest Litigation · unauthorised colony · regularisation · community facility · encroachment · demolition · sanction plan · open space · SARAL Scheme · UBBL 2016 · Delhi Municipal Corporation Act · land acquisition · Article 226