Order 5

Order Details: COPY OF ORDER
Pdf Text: 2 CS DJ 612/25 SANJEEV VATS AND ORS. Vs. MANOJ KUMAR
AND ORS.
06.07.2026
Present : Sh. Vivek Yadav, Ld. Counsel for plaintiff with SPA holder.
Sh. Yash Tokas, Ld. Counsel for defendant nos. 1 and 2.
Sh. Naresh Sharma, Ld. Counsel for defendant/DDA through
V.C.
Ld. Counsel for plaintiff submits that the defendants are
continuing to raise unauthorized construction at the premises due to
protection given by MCD, and MCD officers are deliberately looking the
other way so that the said unauthorized construction can be completed.
On the last date, this court had directed the Commissioner of
MCD to submit a report about action being taken against the officers whose
duty it was to prevent the said unauthorized construction.
No report has been filed.
A previous status report revealed that construction taking place
at the site is unauthorized and that the property had been booked. If despite
booking of the property, unauthorized construction has continued unabated at
the premises, it clearly shows that officers of MCD are in cahoots with the
person raising the said unauthorized construction. Booking of a property by
MCD does not put the matter to rest. An order is required to be passed
adjudicating whether the structure is unauthorized, and if it is so found,
action is required to be taken thereupon.
Nobody has appeared on behalf of MCD. There is no
information as to whether MCD has performed its statutory duties.
For the non-compliance of directions of the court, in terms of
Sections 60 and 94 read with Order 21 Rule 48 and Section 141 of CPC, it is
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directed that salary of Commissioner of MCD of one month be attached and be
remitted to this court. Copy of this order be sent to the DDO of MCD for
compliance.
Renotify on 16.02.2027.
(Ashish Aggarwal)
District Judge-III
North-West District,
Rohini Courts, Delhi
06.07.2026
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