SULTANPUR ESTATE RESIDENTS ASSOCIATION vs GOVERNMENT OF NCT OF DELHI

Judgment text excerpt

$~20. * IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision: 06.02.2025 % W.P.(C) 4911/2024,CM APPLs. 20088/2024 & 41585/2024 SULTANPUR ESTATE RESIDENTS ASSOCIATION .....Petitioner Through: Ms.Smita Maan, Adv. versus GOVERNMENT OF NCT OF DELHI .....Respondent Through: Mr. Shiven Varma, Adv. for R-1, 3 & 7. Mr.Rajesh Yadav, Sr.Adv, with Mr.Vikas Mishra, Mr.Kartik Nagarkatti and Mr.Krishna Dev Yadav, Advs for R-9. SI Sachin Panwar, PS Fatehpur Beri. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA DEVENDRA KUMAR UPADHYAYA, CJ. (ORAL) 1. Heard Ms. Smita Mann, learned counsel appearing on behalf of the petitioner, learned counsel representing the Municipal Corporation of Delhi and Mr.Rajesh Yadav, learned senior counsel representing respondent no.9. 2. Pursuant to our order dated 04.04.2024, an affidavit has been filed by the Executive Engineer of the area concerned of the Municipal Corporation of Delhi (MCD), stating therein that on inspection and referring to the record, status of the subject land was ascertained according to which, the W.P.(C.) No.4911/2024 Page 1 of 6 Signature Not Verified Digiltally Signed By:SREERAM L Signing Date:11.02.2025 15:42:34 property has been identified as property situated opposite Farm no.1, Sultanpur Estate, Chhatarpur, New Delhi. It has also been stated that as per the record, the subject land falls in Village Sultanpur, which was urbanised vide notification dated 20.11.2019. Further, on inspection, unauthorised construction in the shape of erection of boundary wall was found along with installation of gate and laying of roads, which according to the Municipal Corporation of Delhi (MCD) was done without obtaining prior permission or the sanction from the MCD. 3. It is also stated therein that no plotting as a