✦ High Court of India · 01 Aug 2025

Mr. Sagar and Mr. Ali Muzaffar, Advs. (Through VC) v. MUNICIPAL CORPORATION OF DELHI ORS

Case Details High Court of India · 01 Aug 2025
Court
High Court of India
Decided
01 Aug 2025
Bench
Not available
Length
1,019 words

Page 1 of 6 $~6 & 8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3518/2025 & CM APPL. 16490/2025 KULDEEP KUMAR MITTAL .....Petitioner Through: Mr. Sagar and Mr. Ali Muzaffar, Advs. (Through VC) versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Aditya Chandra, SC with Mr. Utkarsh Bhanu, Adv. for R-1 Ms. Shikha Sarin, Adv. for R-2 Mr. Shankar Kumar Jha, SPC. for R-3 + CONT.CAS(C) 545/2025 KULDEEP KUMAR MITTAL .....Petitioner Through: Mr. Sagar and Mr. Ali Muzaffar, Advs. (Through VC) versus SH. DILKHUSH MEENA .....Respondent Through: Mr. Aditya Chandra, SC with Mr. Utkarsh Bhanu, Adv. for R-1 Mr. Shankar Kumar Jha, SPC. for R-3 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA 1. The present writ petition has been filed seeking directions to the respondents to stop the illegal and unauthorized construction being carried out by respondent no. 4 at the property bearing No. 893/8 and 893/8A, Ward O R D E R % 01.08.2025 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/08/2025 at 12:29:31 Page 2 of 6 No. 8, Mehrauli, New Delhi-110030. 2. A contempt petition, i.e., Cont. CAS(C) 545/2025 has been filed alleging disobedience of the order dated 21st3. A Status Report/Action Taken Report dated 16 March, 2025, wherein, directions had been issued by this Court that the status quo with regard to construction in the property shall be maintained. However, respondent no.4 has willfully and deliberately continued the illegal construction in the property in question. th4. The relevant portions of the Status Report, are reproduced as under: May, 2025, has been filed on behalf of the Municipal Corporation of Delhi (“MCD”), wherein, the MCD has detailed the various actions undertaken by the MCD on the properties, which are subject matter of the present writ petition. “xxx xxx xxx A. Plot No. 2 Opposite to· 895C, Ward No. 8, Mehrauli, New Delhi. xxx xxx xxx vii) Pursuant to demolition/sealing orders already passed in respect of this property, the Building Department-II of South Zone/MCD has also tried/taken/carried out the necessary action as per details given herein below: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/08/2025 at 12:29:31 Page 3 of 6 The photographs taken during the aforementioned demolition/sealing action are also annexed herewith as Annexure - R - 8 (Colly). viii) After taking the aforementioned demolition/sealing action, a letter 13/05/2025 has also been sent to concerned SHO, PS Mehrauli, New Delhi with the request to direct the area patrolling staff to keep strict vigil at the property so that the demolished portion may not be restored/re-constructed/repaired and the seals affixed by the department may not be tampered with. Copy of the said letter is also annexed herewith as Annexure - R - 9. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/08/2025 at 12:29:31 Page 4 of 6 B. Plot No. 3 Opposite to 895-C, Ward No. 8, Sunrise Apartment, Mehrauli, New Delhi. xxx xxx xxx vi. Pursuant to demolition/sealing orders already passed in respect of this property, the Building Department-II of South Zone/MCD has also tried/taken/carried out the necessary demolition/sealing action as per details given herein below: The photographs taken during the aforementioned demolition are also annexed herewith as Annexure-R -15 (Colly). xxx xxx xxx C. Property Right side First Plot Opposite to Sunrise Apartment in This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/08/2025 at 12:29:31 Page 5 of 6 Khasra No. 895C, Ward No. 8, Mehrauli, New Delhi. xxx xxx xxx v. Pursuant to demolition orders already passed in respect of this property, the Building Department-II of South Zone/MCD has also taken/carried out the necessary demolition/sealing action as per details given herein below: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/08/2025 at 12:29:31 Page 6 of 6 The photographs taken during the aforementioned demolition are also annexed herewith as Annexure- R- 21 (Colly). x) After taking the aforementioned demolition/sealing action, a letter dated 23/04/2025 and 28/04/2025 has also been sent to concerned SHO, PS Mehrauli, New Delhi with the request to direct the area patrolling staff to keep strict vigil at the property so that the demolished portion may not be re-stored/reconstructed/repaired. Copy of the letter as sent in this regard is also annexed herewith as 5. Additionally, action has also been taken in the property, i.e., Last Plot of Right Side Opposite to Sunrise Apartment in Khasra No. 895C, Ward No. 8, Mehrauli, New Delhi and Last Plot of Left Side Opposite to Sunrise Apartment in Khasra No. 895C, Ward No. 8, Mehrauli, New Delhi, details of which have also been given in the Status Report. Annexure- R- 22 (Colly). xxx xxx xxx” 6. Considering the aforesaid detailed Report, no further directions are required to be passed by this Court. 7. However, the MCD is bound to take full action and ensure that the unauthorized construction is completely demolished and that no further unauthorized construction takes place in the properties in question. 8. Accordingly, with the aforesaid directions, the present petitions, along with the pending application, stand disposed of. MINI PUSHKARNA, J AUGUST 1, 2025/KR

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