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WRIT PETITION UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA TO BE FILED BEFORE THE HON’BLE COURT SEEKING ISSUANCE OF
A WRIT ORDER OR A DIRECTION IN THE NATURE OF MANDAMUS THEREBY DIRECTING THE
MUNICIPAL CORPORATION/ RESPONDENTES TO DEMOLISH THE UNAUTHORIZED CONSTRUCTION
CARRIED OUT BY THE RESPONDENT IN THE “SUBJECT PROPERTY”
IN THE HIGH COURT OF _________________
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. _________OF _______
IN THE MATTER OF:-
MR._______________
AND OTHERS …PETITIONERS
VERSUS
NORTH
______ MUNICIPAL CORPORATION
AND
OTHERS …RESPONDENTS
INDEX
|
S. NO. |
PARTICULARS |
PAGE NOS. |
|
1. |
SYNOPSIS &LIST OF
DATES |
|
|
2. |
WRIT PETITION UNDER
ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA ALONG WITH AFFIDAVIT |
|
|
3. |
ANNEXURE-A
(Colly) Copy of the Memos dated ______ to ______ |
|
|
4. |
ANNEXURE-B
Copy
of the Complaint dated ______ vide DD No. ___ sent by the Petitioner to the
Respondent No.2 |
|
|
5. |
ANNEXURE-C
Copy
of the letter dated ______ sent by the Petitioners to the Respondent No.’s 1
to 6 |
|
|
6. |
ANNEXURE-D
Copy
of the Newspaper Clipping as published in the Hindustan Times Newspaper dated
______ |
|
|
7. |
ANNEXURE-E
(Colly) Copy of the Letters dated _____ sent by the
Petitioners to the Respondents |
|
|
8. |
ANNEXURE-F
Copy of the Site
Visit Report dated _____ |
|
|
9. |
ANNEXURE-G
Copy of the
Photographs depicting the unauthorized and illegal construction |
|
|
10. |
ANNEXURE-H
Copy of the FIR
No. ____ of ___ dated _______ under Sections 380/454 IPC, 1860 |
|
|
11. |
ANNEXURE-I Copy of the Letter
dated ______ sent by the Petitioners to the Respondents reiterating the
contents of the letter dated _____ |
|
|
12. |
VAKALATNAMA |
|
|
13. |
PROOF OF SERVICE |
|
Petitioner No.1, Petitioner
No.2, Petitioner No.3, Petitioner No.4
THROUGH
( )
ADVOCATE
ENROLLMENT
NO………
ADDRESS:………………
EMAIL:…………………
MOB.
NO………………
Place
:_____
Signed
on: ___________
Filed
on :
IN THE HIGH COURT OF _________________
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. ________of _________
IN THE MATTER OF:-
1. Mr._______________
S/D/W/o Shri _____________
R/o. ________________________
2. Mr._______________
S/D/W/o Shri _____________
R/o. ________________________
3. Mr._______________
S/D/W/o Shri _____________
R/o. ________________________
4. Mr._______________
S/D/W/o Shri _____________
R/0. ________________________
…PETITIONERS
VERSUS
1. North __________ Municipal Corporation
Through Commissioner,
Zonal Building, ___________________
2. The Deputy Commissioner - North East,
NORTH __________ MUNICIPAL
CORPORATION,
Zonal Building,
_____________________
3. The Executive Engineer (Building)
NORTH __________ MUNICIPAL
CORPORATION,
Zonal Building,
__________________
4. The Commissioner of
Police
Police Headquarter, _________________
5. Deputy Commissioner of Police
Police Station, _______________
6. The SHO,
Police Station, _______________
7. Mr._______________
S/ o Shri _____________
R/0. ________________________
8. Mr._______________
W/o Shri _____________
R/0. ________________________
9. Mr._______________
W/o Shri _____________
R/0. ________________________
….RESPONDENTS
PETITIONERS
( )
ADVOCATE
Enrollment No………
Address:………………
Email:…………………
Mob. No………………
PLACE:-
DATE:-
SYNOPSIS
That the Petitioners herein are aggrieved
by the illegal and unauthorized construction being carried out by the owners of
the residential premises bearing no. ________________ (hereinafter referred to
as ‘_____’) which are against the approved buildings plans and are in clear
violation/deviation of the Delhi Building Bye-Laws, 1983 and Building
Development Regulations. The unauthorized and illegal construction is being
carried out by the Respondent No.’s 7 to 9 with great impunity which have
already caused & is causing further massive losses and damages to the
neighboring building namely property bearing no.________________ (hereinafter
referred to as ‘_____’) belonging to the Petitioners. The colossal losses &
damages caused to _____ is a serious threat to the lives of the Petitioners who
are residing in _____.
The Petitioners respectfully state that
the following losses and damages have been already caused to the building _____
due to the unauthorized and illegal construction carried out by the Respondent
No.’s 7 to 9:-
(i)
It is found that the foundation level of
the building no. _____ had been dug deeper than the building no. _____, without
taking due precautions to avoid the damages to the building no. _____, and due to this excavation, the soil below
the footing of building no. _____ has become loose. Due to settlement of
footing various cracks are developed in adjacent horizontal & vertical
grid.
(ii)
There is an extended construction of R.C.
C. frame structure in _____ on the backside in the setbacks much beyond the
construction of foot print setback of _____, building.
(iii)
As the building no. _____ is sagging due
to settlement of footing, the weight on columns of _____ has lost the stability
resulting into various cracks in various columns and beams.
(iv)
Due to these cracks, the plaster of walls
in building no._____ has been damaged in adjacent horizontal and vertical grid
and various other places.
(v)
Due to the water curing of walls of
building no. _____, the wall paint of building no. _____ has been damaged and
lot of seepage has started occurring on the adjacent horizontal and vertical
grid walls of Building No._____, and it needs to be repainted.
The Petitioners
seek to place reliance on the Site Visit Report dated _____ issued by an
Independent Structural Engineer namely ____ Consultant who has rendered the
following suggestions :-
“RETRO
FITTING”
“It
is suggested that first all the above damages to the building no. _____ should
be repaired/rectified immediately, so as to avod further damages to the
Building No. ________________”
In addition to the aforesaid, the diabetic
mother of Petitioner No.2 who is residing on the third floor of _____ have been
adversely affected due to the unauthorized construction carried out at _____.
The mother of Petitioner No.2 is now bereft of access to her easementary right
of passage of light or air or ventilation which have severely affected her
health.
Further,
the unauthorized and illegal construction at _____ against the approved
building plans / building byelaws coupled with illegal extensions and
protruding parapets have already caused may further cause theft/burglary in the
neighborhood more specifically at _____ as the unauthorized and illegal
extensions provide easy access to thieves and other bad social elements in the
neighboring building. It is submitted that already on _______ valuable
belongings of the Petitioner No.3 who is residing on the 2nd Floor
of _____ were stolen. Accordingly, FIR No. ____ of ___ dated _______ under
Sections 380/454 has been registered at ______, Police Station.
That
the Petitioners herein have addressed various letters dated ______, ______, _____
and ______ to the Respondent No.’s 1 to 6 requesting the said Respondents to
ensure that the unauthorized and illegal construction be stopped forthwith.
However, the Respondent No.1 to 6 has chosen not to perform its statutory
duties in consonance with the Delhi Building Bye-Laws, 1983 and Delhi Municipal
Corporation Act, 1957.
The
Petitioners herein aggrieved by the rampant and continuous illegal and
unauthorized construction has no other alternate remedy but to file the present
Writ Petition.
Hence,
this present Writ Petition.
|
DATES |
EVENTS |
|
______ |
The
Petitioners are joint owners of the building bearing No. ________________
(hereinafter referred to as “_____”) which was constructed as per the building plans sanctioned vide
Memo No. _________ dated ______ by the then Municipal Corporation of ____ now
known as North Delhi Municipal Corporation |
|
______ |
The
Completion Certificate of _____ was granted by the Municipal Corporation of
____ vide Memo No. ________ dated ______ (also bearing Sl. No. ___ dated ______). |
|
______ |
The
Petitioners during the month of _______ were apprised of the illegal and
unauthorized construction against the approved building plans / bye-laws being
carried out by the Respondent No.’s 7 to 9.
Constrained by the unauthorized and illegal construction, the
Petitioners wrote a Complaint dated ______ vide DD No. ___ to the SHO, Police
Station, ________, requesting him to intervene and stop the unauthorized
construction. That pursuant thereto, the Respondent No.’s 7 to 9 in
compliance with the direction of the Station House Officer, Police Station, ________
stopped further unauthorized and illegal construction |
|
Post ______ |
The
Petitioners subsequent to the stoppage of the illegal and unauthorized
construction carried out by the Respondent No.’s 7 to 9 commenced the repair
work of the damages & losses caused to this premises i.e. _____ in the
month of ____. However, the Petitioners during the course of repair were
shocked to observe that the damages & losses caused to the building, _____
were massive. |
|
______ |
The
Respondent No.’s 7 to 9 in utter disregard of the approved building plans
& Delhi Building Bye-Laws, 1983 and other Statutory Provisions recommenced
with the unauthorized construction with effect from ______. |
|
______ |
The
Petitioners were constrained to address a letter dated ______ to the
Respondent Nos. 1 to 6 amongst others inter-alia praying that the illegal and
unauthorized construction be demolished forthwith as the same has damaged the
building bearing no. _____. |
|
______ |
The
Petitioners reliably learnt from newspaper reports dated ______ that in terms
of a circular or a directive issued by the Police Commissioner, ____ to the
Station House Officers, the Station House Officers have been restrained from
stopping any illegal or unauthorized construction. |
|
_____ |
The
Petitioners thereafter sent another letter dated _____ to the Respondent
No.’s 1 to 6 amongst others enclosing therewith photographs of the rampant
unauthorized construction being carried out by the Respondent No.’s 7 to 9
along with the Site Report dated _____ of _____ Consultants. |
|
______ |
The
Petitioners herein have on ______ again sent another letter dated ______ to
the Respondent No.’s 1 to 6 amongst others as some of the addresses stated in
the letter dated _____ might have been incorrect. |
|
______ |
The
Petitioners herein aggrieved by the rampant and continuous illegal and
unauthorized construction against the approved building plans / building
bye-laws by the Respondent No.7 to 9 causing losses & damages to the
building of the Petitioners seek a writ of mandamus praying for demolition of
the unauthorized & illegal construction against the approved building
plans / building bye-laws. |
IN THE HIGH COURT OF _________________
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. ________of _________
IN THE MATTER OF:-
1. Mr._______________
S/D/W/o Shri _____________
R/0. ________________________
2. Mr._______________
S/D/W/o Shri _____________
R/0. ________________________
3. Mr._______________
S/D/W/o Shri _____________
R/0. ________________________
4. Mr._______________
S/D/W/o Shri _____________
R/0. ________________________
…PETITIONERS
VERSUS
1. North __________ Municipal Corporation
Through Commissioner,
Zonal Building, ___________________
2. The Deputy Commissioner - North East,
NORTH __________ MUNICIPAL
CORPORATION,
Zonal Building,
_____________________
3. The Executive Engineer (Building)
NORTH __________ MUNICIPAL
CORPORATION,
Zonal Building,
__________________
4. The Commissioner of
Police
Police Headquarter, _________________
5. Deputy Commissioner of Police
Police Station, _______________
6. The SHO,
Police Station, _______________
7. Mr._______________
S/ o Shri _____________
R/0. ________________________
8. Mr._______________
W/o Shri _____________
R/0. ________________________
9. Mr._______________
W/o Shri _____________
R/0. ________________________
….RESPONDENTS
WRIT PETITION UNDER
ARTICLE 226 OF THE CONSTITUTION OF INDIA SEEKING ISSUANCE OF A WRIT, ORDER OR A
DIRECTION IN THE NATURE OF MANDAMUS THEREBY DIRECTING THE RESPONDENT NO.’S __
to __ TO DEMOLISH THE UNAUTHORIZED CONSTRUCTION CARRIED OUT BY THE RESPONDENT
NO.’S __ to __ IN THEIR RESIDENTIAL
PROPERTY BEARING NO. ________________
TO,
THE HON’BLE CHIEF JUSTICE
AND HIS COMPANION JUDGES
OF THE
HIGH COURT OF _________
THE
HUMBLE PETITION OF THE PETITIONERS ABOVE NAMED
MOST RESPECTFULLY
SHOWETH:-
1. That
the Petitioners herein are aggrieved by the illegal and unauthorized
construction being carried out by the owners of the residential premises
bearing no. ________________ against the approved building plans and are which
are in clear violation/deviation of the Delhi Building Bye-Laws, 1983 and
Building Development Regulations. The unauthorized and illegal construction is
being carried out by the Respondent No.’s 7 to 9 with great impunity which have
already causes & is causing further massive losses and damages to the
neighboring building namely property bearing no.________________ belonging to
the Petitioners.
2. That
the brief facts leading to the filing of the present Petition are adumbrated
herein below:-
a) That
the Petitioners are joint owners of the building bearing No. ________________
(hereinafter referred to as “_____”) which was constructed as per the building plans sanctioned vide
Memo No. _________ dated ______ by the then Municipal Corporation of ____ now
known as North Delhi Municipal Corporation.
The Completion Certificate of _____ was granted by the Municipal Corporation
of ____ vide Memo No. ________ dated ______ (also bearing Sl. No. ___ dated ______).
Copy of the Memos dated ______ to ______ are annexed and marked hereto as ANNEXURE-A (Colly).
b) That
the Respondent Nos.7 to 9 who are the owners of the building bearing no. ________________
(hereinafter referred to as “_____”) which is adjoining to _____ have commenced
reconstruction of their building with effect from _____ which is not only
against the approved building plans but are in clear violation / deviation of
the Delhi- Building Bye-Laws, 1983. The illegal and unauthorized and illegal construction
against the approved building plans/ building byelaws carried out by the
Respondent No.’s 7 to 9 is a glaring and obtrusive threat to the life of the
Petitioners who are residing in _____.
c) The
Petitioners during the month of ___ were apprised of the illegal and
unauthorized construction being carried out by the Respondent No.’s 7 to 9. Constrained by the unauthorized and illegal
construction, the Petitioners wrote a Complaint dated ______ vide DD No. ___ to
the SHO, Police Station, ________, requesting the SHO to intervene and stop the
unauthorized construction. Copy of the Complaint dated ______ vide DD No. ___
sent by the Petitioner to the Respondent No.2 is annexed and marked hereto as ANNEXURE-B.
d) That
pursuant thereto, the Respondent No.’s 7 to 9 in compliance with the direction
of the Station House Officer, Police Station, ________ stopped further
unauthorized and illegal construction.
e) That
the Petitioners subsequent to the stoppage of the illegal and unauthorized
construction carried out by the Respondent No.’s 7 to 9 commenced the repair
work of damages & losses carried to their premises i.e. _____ in the month
of ____. However, the Petitioners during the course of repair were shocked to
observe that the losses & damages causes to the building, _____ was
massive.
f) That
the Petitioners accordingly in a bid to verify the losses & damages caused
to the building, _____ sought the assistance of a Structural Engineer namely
D&R Consultants. During the course of ascertaining the damages and loses,
the Petitioners were informed that the extent and magnitude of the losses and
damages caused to the building, _____ were colossal. Accordingly, the
Petitioners requested the Structural Engineer to prepare and submit a report
encapsulating the losses & damages caused to the building, _____.
g) That
the Respondent No.’s 7 to 9 in utter disregard of the approved building plans
and Delhi Building Bye-Laws, 1983 and other statutory provisions recommenced
with further unauthorized & illegal construction with effect from ______.
h) That
the Petitioners accordingly were constrained to address a letter dated ______
to the Respondent No.’s 1 to 6 amongst others inter-alia praying that the illegal and unauthorized construction
be demolished forthwith as the same have damaged the building bearing no. _____.
Copy of the letter dated ______ sent by the Petitioners to the Respondent No.’s
1 to 6 is annexed and marked hereto as ANNEXURE-C.
i) That
thereafter, the Petitioners reliably learnt from newspaper reports dated ______
that in terms of a circular or a directive issued by the Respondent No. 1, The Police
Commissioner, ____ to the Station House Officers, the Station House Officers
have been restrained from stopping any illegal or unauthorized construction.
Copy of the Newspaper Clipping as published in the Hindustan Times Newspaper
dated ______ is annexed and marked hereto as ANNEXURE-D.
j) That
the Petitioners thereafter sent another letter dated _____ to the Respondent
No.’s 1 to 6 amongst others enclosing therewith photographs of the rampant
unauthorized & illegal construction against the approved building plans /
building bye laws being carried out by the Respondent No.’s 7 to 9 along with
the Site Report dated _____ of _____ Consultants. The Petitioners respectfully state that the
following losses and damages has been caused to the building _____ due to the
unauthorized and illegal construction carried out by the Respondent No.’s 7 to 9:-
i)
It is found that the foundation level of
the building no. _____ had been dug deeper than the building no. _____, without
taking due precautions to avoid the damages to the building no. _____, and due to this excavation, the soil below
the footing of building no. _____ has become loose. Due to settlement of
footing various cracks are developed in adjacent horizontal & vertical
grid.
ii) There is an extended construction of
R.C. C. frame structure in _____ on the backside in the setbacks much beyond
the construction of foot print setback of _____, building.
iii) As the building no. _____ is sagging due
to settlement of footing, the weight on columns of _____ has lost the stability
resulting into various cracks in various columns and beams.
iv) Due to these cracks, the plaster of walls
in building no._____ has been
damaged in adjacent horizontal and vertical grid and various other places.
v) Due to the water curing of walls of
building no. _____, the wall paint of building no. _____ has been damaged and
lot of seepage has started occurring on the adjacent horizontal and vertical
grid walls of Building No._____, and it needs to be repainted.
The Petitioners
seek to place reliance on the Site Visit Report dated _____ issued by an
Independent Structural Engineer namely ____ Consultant who has rendered the
following suggestions :-
“RETRO
FITTING”
“It
is suggested that first all the above damages to the building no. _____ should
be repaired/rectified immediately, so as to avod further damages to the
Building No. ________________”
In
addition to the aforesaid, the diabetic mother of Petitioner No.2 who is
residing on the third floor of _____ has been adversely affected due to the
unauthorized construction carried out at _____. The mother of Petitioner No.2
is now bereft of access to her easementary right of passage of light or air or
ventilation which have severely affected her health.
Further,
the unauthorized and illegal construction at _____ coupled with illegal
extensions and protruding parapets have already caused & may further cause
theft/burglary in the neighborhood more specifically at _____ as the illegal
extensions provide easy access to thieves and other bad social elements in the
neighboring building. It is submitted that on _______ valuable belongings of
the Petitioner No.3 who is residing on the 2nd Floor of _____ were
stolen. Accordingly, FIR No. ____ of ___ dated _______ under Sections 380/454
has been registered at ______, Police Station.
Copy
of the Letters dated _____ sent by the Petitioners to the Respondents is
annexed and marked hereto as ANNEXURE-E
(Colly). Copy of the Site Visit Report dated _____ is annexed and marked
hereto as ANNEXURE-F. Copy of the
Photographs depicting the unauthorized and illegal construction is annexed and
marked hereto as ANNEXURE-G. Copy of
the FIR No. ____ of ___ dated _______ under Sections 380/454 IPC, 1860 is
annexed and marked hereto as ANNEXURE-H.
The Petitioners herein have on ______ again sent
another letter dated ______ to the Respondent No.’s 1 to 6 amongst others as
some of the addresses stated in the letter dated _____ might have been
incorrect. The Petitioners reiterated the following prayers which are
reproduced herein below:-
a) Direct
the concerned Engineer of Municipal Corporation of ____ to Stop the further
construction on the _____ building & maintain Status Quo. Sir, if the
illegal & unauthorized construction is not stopped than “_____” building
may collapse causing casualties of its occupants.
b) Direct
the concerned Engineer from the Municipal Corporation of ____ to Inspect the
unauthorized & illegal construction in the building No._____ and prepare
the Status Report.
c) Direct the concerned Engineer to Demolish the
illegal & unauthorized construction carried out by the owner of the “_____”
building in clear violations / deviations, and against the approved Building
Plans, as the illegal & unauthorized constructions carried out by the owner
of the “_____” building are not in accordance with the building bye-laws, and
are against the approved Building Plans and are in clear violations /
deviations of the Building Bye-Laws and the same has caused losses &
damages to our “_____” building thereby risking the life of occupants of “_____”
building.
Copy
of the Letter dated ______ sent by the Petitioners to the Respondents
reiterating the contents of the letter dated _____ is annexed and marked hereto
as ANNEXURE-I.
3. That
the Petitioners herein aggrieved by the rampant and continuous illegal and
unauthorized construction against the approved building plans / building
bye-laws seek a writ of mandamus praying for demolition of the unauthorized
construction on the following grounds which are taken without prejudice to each
other:-
GROUNDS
A. For
that the foundation level of the building no. _____ had been dug deeper than
the building no. _____, without taking due precautions to avoid the damages to
the building no. _____, and due to this
excavation, the soil below the footing of building no. _____ has become loose.
Due to settlement of footing various cracks are developed in adjacent
horizontal & vertical grid.
B. For
that there is an extended construction of R.C. C. frame structure in _____ on
the backside in the setbacks much beyond the construction of foot print setback
of _____, building.
C. For
that as the building no. _____ is sagging due to settlement of footing, the
weight on columns of _____ has lost the stability resulting into various cracks
in various columns and beams.
D. For
that due to these cracks, the plaster of walls in building no._____ has been damaged in adjacent
horizontal and vertical grid and various other places.
E. For
that due to the water curing of walls of building no. _____, the wall paint of
building no. _____ has been damaged and lot of seepage has started occurring on
the adjacent horizontal and vertical grid walls of Building No._____, and it
needs to be repainted.
F. For
that the diabetic mother of Petitioner No.2 who is residing on the third floor
of _____ has been adversely affected due to the unauthorized construction
carried out at _____. The mother of Petitioner No.2 is now bereft of access to
her easementary right of passage of light or air or ventilation which have
severely affected her health.
G. For
that the unauthorized and illegal construction at _____ coupled with illegal
extensions and protruding parapets have already caused and may further cause
theft/burglary in the neighborhood more specifically at _____ as the illegal
extensions provide easy access to thieves and other bad social elements in the
neighboring building.
H. For
that the Respondent No.’s 1 to 6 despite being in receipt of the letters dated ______,
______, _____ and ______ have willfully
chosen not to impede the unauthorized and illegal construction being carried
out at _____ against the approved building plans / building bye-laws.
I. For
that the Petitioners apprehend that the unauthorized and illegal construction
being carried out by the Respondent No.’s 7 to 9 is in gross violation of the
Delhi Municipal Corporation Act, 1957 and no permission has been granted under
Section 334 of the said Act.
J.
For that
the Petitioners respectfully state that stern action is required to be taken
against unauthorized constructions and misuse as these activities have gone on
unabated, without any let or hindrance and all the warnings have fallen on deaf
ears without any effect on the Respondent No.’s 7 to 9.
K. For that the scheme of things and more
particularly Section 343 of the
D.M.C. Act, the role of the Commissioner becomes a power coupled with the
performance of a public duty and he has to keep in mind the public interest and
he is the authority for enforcing the law.
L. For
that the principle of neighbor proximity is also applicable in the present
case, as the Respondent No.’s 1 to 6 have miserably failed in complying with
their statutory duties in restraining Respondent No.’s 7 to 9 from carrying out
unauthorized and illegal constructions.
4. That
the Writ Petitioners herein have not filed any other similar Petition/Suit in
the Supreme Court of India or before this Hon’ble Court or any other Court of
Law assailing the unauthorized and illegal construction being carried out by
the Respondent No.’s 7 to 9 at the premises bearing No. ________________.
5. That
this Hon’ble Court has the territorial jurisdiction to adjudicate the present
matter as the unauthorized and illegal construction is being carried out at the
premises bearing No. ________________. Therefore, this Hon’ble Court has the
requisite jurisdiction to adjudicate the present Writ Petition.
PRAYER
IN VIEW OF THE FACTS AND
CIRCUMSTANCES STATED HEREINABOVE THE PETITIONER ABOVE NAMED PRAYS THAT THIS
HON’BLE COURT MAY KINDLY BE PLEASED TO:-
A. Issue
a Writ, Order or direction in the nature of Mandamus and/or a Writ, order or
direction in the nature of Mandamus calling for the records of the case and
after examining the legality and validity of the same direct the Respondent
No.1 to 6 appoint an Engineer to inspect the premises bearing No. ________________
and submit a Status Report on the unauthorized and illegal construction carried
out against the approved building plans / building bye-laws being carried out
in the said premises;
B. Issue
a Writ, Order or direction in the nature of Mandamus and/or a Writ, order or
direction in the nature of Mandamus calling for the records of the case and
after examining the legality and validity of the same direct the Respondent
No.’s 1 to 6 to demolish the unauthorized and illegal construction carried out against
the approved building plans / building bye-laws being carried out by the
Respondent No.’s 7 to 9 at the premises bearing No. ________________
C. Pass
such other or further orders as this Hon’ble Court may deem fit and proper in
the facts and circumstances of the present case.
Petitioner No.1, Petitioner No.2, Petitioner No.3, Petitioner No.4
THROUGH
( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place
:_____
Signed
on: ___________
Filed
on :
IN THE HIGH COURT OF _________________
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. _________OF _______
IN THE MATTER OF:-
MR._______________
AND OTHERS …PETITIONERS
VERSUS
NORTH
______ MUNICIPAL CORPORATION
AND
OTHERS …RESPONDENTS
AFFIDAVIT
I,
Shri __________ S/o Shri ________ aged
years resident of ________________ presently at _______ do hereby
solemnly affirm and declare as under:-
1. That
I am the Petitioner No.1 in the above noted Petition and I am conversant with
the facts of the case and I am competent to affirm this Affidavit.
2. That the accompanying Civil Writ
Petition has been drafted by my counsel under my instructions and the contents
of para 1 to 33 of the Civil Writ Petition have been read over to me and have
been understood by me correctly and the same are not being reproduced here for
the sake of brevity but those may be read as part and parcel of this Affidavit.
3. That the Deponent has not filed any
other similar Petition against the Impugned Orders either in this Hon’ble Court
or before the Hon’ble Supreme Court of India.
DEPONENT
VERIFICATION :
Verified at ______ on this day
of _____, ____, that the contents of
aforesaid Affidavit of mine contained in para 1 to 3 are true and correct to my
knowledge and belief, no part of it is false and nothing material has been
concealed therefrom.
DEPONENT
IN THE HIGH COURT OF _________________
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. _________OF _______
IN THE MATTER OF:-
MR._______________
AND OTHERS …PETITIONERS
VERSUS
NORTH
______ MUNICIPAL CORPORATION
AND
OTHERS …RESPONDENTS
AFFIDAVIT
I,
Shri __________ S/o Shri ________ aged
years resident of ________________ presently at _______ do hereby
solemnly affirm and declare as under:-
1. That
I am the Petitioner No.2 in the above noted Petition and I am conversant with
the facts of the case and I am competent to affirm this Affidavit.
2. That the accompanying Civil Writ
Petition has been drafted by my counsel under my instructions and the contents
of para 1 to 33 of the Civil Writ Petition have been read over to me and have
been understood by me correctly and the same are not being reproduced here for
the sake of brevity but those may be read as part and parcel of this Affidavit.
3. That the Deponent has not filed any
other similar Petition against the Impugned Orders either in this Hon’ble Court
or before the Hon’ble Supreme Court of India.
DEPONENT
VERIFICATION :
Verified at ____ on this day
of ____ ____, that the contents of
aforesaid Affidavit of mine contained in para 1 to 3 are true and correct to my
knowledge and belief, no part of it is false and nothing material has been
concealed therefrom.
DEPONENT
IN THE HIGH COURT OF _________________
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. _________OF _______
IN THE MATTER OF:-
MR._______________
AND OTHERS …PETITIONERS
VERSUS
NORTH
______ MUNICIPAL CORPORATION
AND
OTHERS …RESPONDENTS
AFFIDAVIT
I,
Mrs __________ W/o Shri ________ aged
years resident of ________________ presently at _______ do hereby
solemnly affirm and declare as under:-
1. That
I am the Petitioner No.3 in the above noted Petition and I am conversant with
the facts of the case and I am competent to affirm this Affidavit.
2. That the accompanying Civil Writ
Petition has been drafted by my counsel under my instructions and the contents
of para 1 to 33 of the Civil Writ Petition have been read over to me and have
been understood by me correctly and the same are not being reproduced here for
the sake of brevity but those may be read as part and parcel of this Affidavit.
3. That the Deponent has not filed any
other similar Petition against the Impugned Orders either in this Hon’ble Court
or before the Hon’ble Supreme Court of India.
DEPONENT
VERIFICATION :
Verified at ____ on this day
of ____ ____, that the contents of
aforesaid Affidavit of mine contained in para 1 to 3 are true and correct to my
knowledge and belief, no part of it is false and nothing material has been
concealed therefrom.
DEPONENT
IN THE HIGH COURT OF _________________
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. _________OF _______
IN THE MATTER OF:-
MR._______________
AND OTHERS …PETITIONERS
VERSUS
NORTH
______ MUNICIPAL CORPORATION
AND
OTHERS …RESPONDENTS
AFFIDAVIT
I,
Mrs __________ W/o Shri ________ aged
years resident of ________________ presently at _______ do hereby
solemnly affirm and declare as under:-
1. That
I am the Petitioner No.4 in the above noted Petition and I am conversant with
the facts of the case and I am competent to affirm this Affidavit.
2. That the accompanying Civil Writ
Petition has been drafted by my counsel under my instructions and the contents
of para 1 to 33 of the Civil Writ Petition have been read over to me and have
been understood by me correctly and the same are not being reproduced here for
the sake of brevity but those may be read as part and parcel of this Affidavit.
3. That the Deponent has not filed any
other similar Petition against the Impugned Orders either in this Hon’ble Court
or before the Hon’ble Supreme Court of India.
DEPONENT
VERIFICATION :
Verified at _____ on this day
of _____ ___, that the contents of
aforesaid Affidavit of mine contained in para 1 to 3 are true and correct to my
knowledge and belief, no part of it is false and nothing material has been
concealed therefrom.
DEPONENT
IN THE HIGH COURT OF _________________
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. _________OF _______
IN THE MATTER OF:-
MR._______________
AND OTHERS …PETITIONERS
VERSUS
NORTH
______ MUNICIPAL CORPORATION
AND
OTHERS …RESPONDENTS
APPLICATION ON BEHALF OF
THE PETITIONERS UNDER THE PRINCIPLES OF SECTION 151 OF THE CODE OF CIVIL PROCEDURE,
1908 SEEKING EX-PARTE AD-INTERIM RELIEF
MOST RESPECTFULLY SHOWETH
1. That
the Petitioners herein are aggrieved by the illegal and unauthorized
construction being carried out by the owners of the residential premises
bearing no. ________________ which are against the approved building plans /
building bye-laws in clear violation/deviation of the Delhi Building Bye-Laws,
1983 and Building Development Regulations. The unauthorized and illegal
construction is being carried out by the Respondent No.’s 7 to 9 with great
impunity which have caused & may further cause massive losses and damages
to the neighboring building namely property bearing no.________________.
2. That
the Petitioners herein crave to refer and rely upon the averments made in the
accompanying Writ Petition, the contents of which are not repeated herein for
the sake of brevity and to avoid prolixity.
3. The
Petitioners respectfully state that the following losses and damages has been
caused to the building _____ due to the unauthorized and illegal construction
carried out by the Respondent No.’s 7 to 9:-
i) It
is found that the foundation level of the building no. _____ had been dug
deeper than the building no. _____, without taking due precautions to avoid the
damages to the building no. _____, and
due to this excavation, the soil below the footing of building no. _____ has
become loose. Due to settlement of footing various cracks are developed in
adjacent horizontal & vertical grid.
ii) There
is an extended construction of R.C. C. frame structure in _____ on the backside
in the setbacks much beyond the construction of foot print setback of _____,
building.
iii) As
the building no. _____ is sagging due to settlement of footing, the weight on
columns of _____ has lost the stability resulting into various cracks in
various columns and beams.
iv) Due
to these cracks, the plaster of walls in building no._____ has been damaged in adjacent
horizontal and vertical grid and various other places.
v) Due to the water curing of walls of building
no. _____, the wall paint of building no. _____ has been damaged and lot of
seepage has started occurring on the adjacent horizontal and vertical grid
walls of Building No._____, and it needs to be repainted.
The Petitioners
seek to place reliance on the Site Visit Report dated _____ issued by an
Independent Structural Engineer namely ____ Consultant who has rendered the
following suggestions :-
“RETRO
FITTING”
“It
is suggested that first all the above damages to the building no. _____ should
be repaired/rectified immediately, so as to avod further damages to the
Building No. ________________”
In
addition to the aforesaid, the diabetic mother of Petitioner No.2 who is
residing on the third floor of _____ has been adversely affected due to the
unauthorized construction carried out at _____. The mother of Petitioner No.2
is now bereft of access to her easementary right of passage of light or air or
ventilation which has severely affected her health.
Further,
the unauthorized and illegal construction against the approved building plans/
building byelaws at _____ coupled with illegal extensions and protruding
parapets have already causes and may further cause theft/burglary in the
neighborhood more specifically at _____ as the and illegal extensions provide
easy access to thieves and other bad social elements in the neighboring
building. It is submitted that on _______ valuable belongings of the Petitioner
No.3 who is residing on the 2nd Floor of _____ were stolen.
Accordingly, FIR No. ____ of ___ dated _______ under Sections 380/454 has been
registered at ______, Police Station.
4. That
in the aforesaid facts and circumstances, it is submitted that if the
Respondent No.’s 1 to 6 are allowed to permit the Respondent No.’s 7 to 9 to
carry out the illegal and unauthorized constructions in the premises bearing _____,
the Petitioners will be left remediless as the writ petition shall be rendered
as infructuous. Therefore, the unauthorized and illegal construction being
carried out by the Respondent No.’s 7 to 9 against the approved building plans
/ building bye-laws is liable to be stopped forthwith by this Hon’ble Court.
5. That
the Petitioners submit that in the aforesaid facts and circumstances, the
Petitioners have a strong prima facie case in their favour and the impugned
notification is liable to be stayed.
6. That
the Application is made bonafide and in the interest of justice. The
Petitioners shall suffer irreparable loss and injury, if the relief prayed for
is not granted.
PRAYER
IN
VIEW OF THE FACTS AND CIRCUMSTANCES STATED HEREINABOVE THE PETITIONER ABOVE
NAMED PRAYS THAT THIS HON’BLE COURT MAY KINDLY BE PLEASED TO:-
A. Pass
an ex-parte ad interim order directing the Respondent No.’s 7 to 9 their heirs, officers, servants and agents to
maintain status quo with respect to
construction at the premises bearing No. ________________ till the disposal of
the present Writ Petition;
B. Pass
an ex-parte ad interim order restraining the Respondent No.’s 7 to 9 either
directly or through their heirs,
officers, servants and agents from carrying out any further construction at the
premises bearing No. ________________ till the disposal of the present Writ
Petition;
C. Pass
such other or further orders as this Hon’ble Court may deem fit and proper in
the facts and circumstances of the present case.
Petitioner No.1, Petitioner No.2, Petitioner No.3, Petitioner No.4
THROUGH
( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place
:_____
Signed
on: ___________
Filed
on :
IN THE HIGH COURT OF _________________
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. _________OF _______
IN THE MATTER OF:-
MR._______________
AND OTHERS …PETITIONERS
VERSUS
NORTH
______ MUNICIPAL CORPORATION
AND
OTHERS …RESPONDENTS
AFFIDAVIT
I,
Shri __________ S/o Shri ________ aged
years resident of ________________ presently at _______ do hereby
solemnly affirm and declare as under:-
1. That
I am the Petitioner No.1 in the above noted Petition and I am conversant with
the facts of the case and I am competent to affirm this Affidavit.
2. That the accompanying application for
Stay has been drafted by my counsel on my instructions. The contents of the same are not being
reproduced here for the sake of brevity but those may kindly be read as part
& parcel of this Affidavit.
3. That
the contents of the Affidavit are true & correct to my knowledge.
DEPONENT
VERIFICATION :
Verified at ______ on this day
of _____, ____, that the contents of
aforesaid Affidavit of mine contained in para 1 to 3 are true and correct to my
knowledge and belief, no part of it is false and nothing material has been
concealed therefrom.
DEPONENT
IN THE HIGH COURT OF _________________
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. _________OF _______
IN THE MATTER OF:-
MR._______________
AND OTHERS …PETITIONERS
VERSUS
NORTH
______ MUNICIPAL CORPORATION
AND
OTHERS …RESPONDENTS
AFFIDAVIT
I,
Shri __________ S/o Shri ________ aged
years resident of ________________ presently at _______ do hereby
solemnly affirm and declare as under:-
1. That
I am the Petitioner No.2 in the above noted Petition and I am conversant with
the facts of the case and I am competent to affirm this Affidavit.
2. That the accompanying application for
Stay has been drafted by my counsel on my instructions. The contents of the same are not being
reproduced here for the sake of brevity but those may kindly be read as part
& parcel of this Affidavit.
3. That
the contents of the Affidavit are true & correct to my knowledge.
DEPONENT
VERIFICATION :
Verified at ____ on this day
of ____ ____, that the contents of
aforesaid Affidavit of mine contained in para 1 to 3 are true and correct to my
knowledge and belief, no part of it is false and nothing material has been
concealed therefrom.
DEPONENT
IN THE HIGH COURT OF _________________
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. _________OF _______
IN THE MATTER OF:-
MR._______________
AND OTHERS …PETITIONERS
VERSUS
NORTH
______ MUNICIPAL CORPORATION
AND
OTHERS …RESPONDENTS
AFFIDAVIT
I,
Mrs __________ W/o Shri ________ aged
years resident of ________________ presently at _______ do hereby
solemnly affirm and declare as under:-
1. That
I am the Petitioner No.3 in the above noted Petition and I am conversant with
the facts of the case and I am competent to affirm this Affidavit.
2. That the accompanying application for
Stay has been drafted by my counsel on my instructions. The contents of the same are not being
reproduced here for the sake of brevity but those may kindly be read as part
& parcel of this Affidavit.
3. That
the contents of the Affidavit are true & correct to my knowledge.
DEPONENT
VERIFICATION :
Verified at ____ on this day
of ____ ____, that the contents of
aforesaid Affidavit of mine contained in para 1 to 3 are true and correct to my
knowledge and belief, no part of it is false and nothing material has been
concealed therefrom.
DEPONENT
IN THE HIGH COURT OF _________________
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. _________OF _______
IN THE MATTER OF:-
MR._______________
AND OTHERS …PETITIONERS
VERSUS
NORTH
______ MUNICIPAL CORPORATION
AND
OTHERS …RESPONDENTS
AFFIDAVIT
I,
Mrs __________ W/o Shri ________ aged
years resident of ________________ presently at _______ do hereby
solemnly affirm and declare as under:-
1. That
I am the Petitioner No.4 in the above noted Petition and I am conversant with
the facts of the case and I am competent to affirm this Affidavit.
2. That the accompanying application for
Stay has been drafted by my counsel on my instructions. The contents of the same are not being
reproduced here for the sake of brevity but those may kindly be read as part
& parcel of this Affidavit.
3. That
the contents of the Affidavit are true & correct to my knowledge.
DEPONENT
VERIFICATION :
Verified at _____ on this day
of _____ ___, that the contents of
aforesaid Affidavit of mine contained in para 1 to 3 are true and correct to my
knowledge and belief, no part of it is false and nothing material has been
concealed therefrom.
DEPONENT
IN THE HIGH COURT OF _________________
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. _________OF _____
IN THE MATTER OF:-
MR._______________
AND OTHERS …PETITIONERS
VERSUS
NORTH
______ MUNICIPAL CORPORATION
AND
OTHERS …RESPONDENTS
APPLICATION ON BEHALF OF
THE PETITIONERS UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR EXEMPTION
FROM FILING ORIGINAL/ TRUE TYPED/ CERTIFIED AND LEGIBLE COPIES OF DOCUMENTS
ALONG WITH EXEMPTION FROM FILING DOCUMENTS WITH THE PROPER MARGINS
MOST RESPECTFULLY
SHEWETH:
1.
The above mentioned Petition has been
filed before this Hon’ble Court.
2.
Along with the Petition, the Petitioners
have filed certain documents relied upon which may be dim but due to shortage
of time the Petitioners could not file Original/ true typed/ certified and
legible copies of the documents which are annexed as Annexures.
3.
For the said reason the Petition seeks
further time for filing the Original/ true typed/ certified and legible copies
of such documents along with the proper margin required for such documents.
4.
Accordingly, the Petition is praying for
exemption from filing the Original/ true typed/ certified and legible copies of
the said documents with proper margins. It is stated that the photocopies which
are annexed with the present Petition are the true copies of their respective
original documents.
5.
The present Application is being made bona
fide and in the interests of justice.
P R A Y E R
In the above
premises, it is prayed that this Hon'ble Court be pleased to:
(i)
take on record the photocopies of the said
documents as filed with the Petition, thereby granting to the Petitioner
extension of time or exempting the Petitioner
from filing the Original/ true typed/ certified and
legible copies of the documents with the proper margins;
(ii)
Pass such other and further Orders as this
Hon'ble Court may deem necessary and proper on the facts and in the
circumstances of the case.
Petitioner No.1, Petitioner No.2, Petitioner No.3, Petitioner No.4
THROUGH
( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place
:_____
Signed
on: ___________
Filed
on :
IN THE HIGH COURT OF _________________
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. _________OF _______
IN THE MATTER OF:-
MR._______________
AND OTHERS …PETITIONERS
VERSUS
NORTH
______ MUNICIPAL CORPORATION
AND
OTHERS …RESPONDENTS
AFFIDAVIT
I,
Shri __________ S/o Shri ________ aged
years resident of ________________ presently at _______ do hereby
solemnly affirm and declare as under:-
1. That
I am the Petitioner No.1 in the above noted Petition and I am conversant with
the facts of the case and I am competent to affirm this Affidavit.
2. That the accompanying application for
exemption has been drafted by my counsel on my instructions. The contents of the same are not being
reproduced here for the sake of brevity but those may kindly be read as part &
parcel of this Affidavit.
3. That
the contents of the Affidavit are true & correct to my knowledge.
DEPONENT
VERIFICATION :
Verified at ______ on this day
of _____, ____, that the contents of
aforesaid Affidavit of mine contained in para 1 to 3 are true and correct to my
knowledge and belief, no part of it is false and nothing material has been
concealed therefrom.
DEPONENT
IN THE HIGH COURT OF _________________
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. _________OF _______
IN THE MATTER OF:-
MR._______________
AND OTHERS …PETITIONERS
VERSUS
NORTH
______ MUNICIPAL CORPORATION
AND
OTHERS …RESPONDENTS
AFFIDAVIT
I,
Shri __________ S/o Shri ________ aged
years resident of ________________ presently at _______ do hereby
solemnly affirm and declare as under:-
1. That
I am the Petitioner No.2 in the above noted Petition and I am conversant with
the facts of the case and I am competent to affirm this Affidavit.
2. That the accompanying application for
exemption has been drafted by my counsel on my instructions. The contents of the same are not being
reproduced here for the sake of brevity but those may kindly be read as part &
parcel of this Affidavit.
3. That
the contents of the Affidavit are true & correct to my knowledge.
DEPONENT
VERIFICATION :
Verified at ____ on this day
of ____ ____, that the contents of
aforesaid Affidavit of mine contained in para 1 to 3 are true and correct to my
knowledge and belief, no part of it is false and nothing material has been
concealed therefrom.
DEPONENT
IN THE HIGH COURT OF _________________
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. _________OF _______
IN THE MATTER OF:-
MR._______________
AND OTHERS …PETITIONERS
VERSUS
NORTH
______ MUNICIPAL CORPORATION
AND
OTHERS …RESPONDENTS
AFFIDAVIT
I,
Mrs __________ W/o Shri ________ aged
years resident of ________________ presently at _______ do hereby
solemnly affirm and declare as under:-
1. That
I am the Petitioner No.3 in the above noted Petition and I am conversant with
the facts of the case and I am competent to affirm this Affidavit.
2. That the accompanying application for
exemption has been drafted by my counsel on my instructions. The contents of the same are not being
reproduced here for the sake of brevity but those may kindly be read as part &
parcel of this Affidavit.
3. That
the contents of the Affidavit are true & correct to my knowledge.
DEPONENT
VERIFICATION :
Verified at ____ on this day
of ____ ____, that the contents of
aforesaid Affidavit of mine contained in para 1 to 3 are true and correct to my
knowledge and belief, no part of it is false and nothing material has been
concealed therefrom.
DEPONENT
IN THE HIGH COURT OF _________________
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO. _________OF _______
IN THE MATTER OF:-
MR._______________
AND OTHERS …PETITIONERS
VERSUS
NORTH
______ MUNICIPAL CORPORATION
AND
OTHERS …RESPONDENTS
AFFIDAVIT
I,
Mrs __________ W/o Shri ________ aged
years resident of ________________ presently at _______ do hereby
solemnly affirm and declare as under:-
1. That
I am the Petitioner No.4 in the above noted Petition and I am conversant with
the facts of the case and I am competent to affirm this Affidavit.
2. That the accompanying application for
exemption has been drafted by my counsel on my instructions. The contents of the same are not being
reproduced here for the sake of brevity but those may kindly be read as part &
parcel of this Affidavit.
3. That
the contents of the Affidavit are true & correct to my knowledge.
DEPONENT
VERIFICATION :
Verified at _____ on this day
of _____ ___, that the contents of
aforesaid Affidavit of mine contained in para 1 to 3 are true and correct to my
knowledge and belief, no part of it is false and nothing material has been
concealed therefrom.
DEPONENT
