Mr. Nipun Kumar, Ms. Rita, Ms. Swabhi Dabas, Advocates v. MUNICIPAL CORPORATION OF DELHI ORS

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12180/2025 RUPALI SHARMA .....Petitioner Through: Mr. Nipun Kumar, Ms. Rita, Ms. Swabhi Dabas, Advocates versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Vinod Kumar Khanna, Advocate for R-1 and 2 (M:9891081919) Mr. Gautam Narayan, Sr. Adv. with Mr. Ayush Gupta, Advocate for R-5 (M:9818402326) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA 1. The present writ petition has been filed seeking directions to respondent nos. 1 and 2, to restrain respondent no. 5 from continuing with illegal and unauthorized construction on the properties bearing Plot no. 429, Kucha Brijnath, Chandni Chowk, Delhi-110006 and Plot no. 507, Ground Floor, Krishna Gali, Katra Neel, Chandni Chowk, Delhi-110006. O R D E R % 10.09.2025 2. When the present matter was listed for hearing on 13th“1. The present writ petition has been filed seeking directions to respondent nos. 1 and 2 to restrain respondent no. 5 from continuing with the illegal and unauthorized construction being carried out in the property bearing Plot No. 429, Kucha Brijnath, Chandni Chowk, Delhi-110006 and Plot No. 507, Ground Floor, Krishna Gali, Katra Neel, Chandni Chowk, Delhi-110006. August, 2025, this Court had passed the order, in the following manner: 2. Issue notice. Notice is accepted by learned counsel for 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 15/09/2025 at 12:06:53 respondent-Municipal Corporation of Delhi (“MCD”). 3. Learned Senior Counsel for respondent no. 5, the owner/occupier of the properties in question, submits that the properties which are subject matter of the present writ petition, were also the subject matter of various earlier proceedings before this Court. 4. Learned Senior Counsel has handed over to this Court, copies of various orders pertaining to the same properties. He draws the attention of this Court to the order dated 13th September, 2024 passed by a Division Bench of this Court in W.P.(C)13599/2023, titled as ‘Dr. S. Jaitley and Anr. Versus MCD and Ors.’, wherein, statement of learned counsel for the MCD is recorded that only repair work is being carried out in the property in question. Para 3 of the aforesaid order dated 13th September, 2024, passed by Division Bench-I, is reproduced as under: “3. Learned counsel for MCD, who appears on advance notice, states on instructions that except minor work in Properties No.428 and 507, no other construction is being carried out. She states that though efforts were made to carry out construction on the fourth floor of the Property No.429, yet the same were stalled by the MCD.” 5. Learned Senior Counsel further relies upon the subsequent order dated 07th November, 2024 passed in the aforesaid petition, i.e., W.P.(C)13599/2023, to submit that the aforesaid matter was disposed of with directions to the petitioner therein to make a representation regarding unauthorized construction to the Special Task Force (“STF”). 6. He further relies upon the order dated 05th November, 2024, passed in W.P.(C) 15394/2024, titled as ‘Rahul Sharma Versus Govt of NCT of Delhi and Ors.’, to submit that the said petition was also with regard to construction in the property in question, which was disposed of with directions to approach the STF. 7. He further draws the attention of this Court to the order dated 20th December, 2024, passed in W.P.(C) 17581/2024, titled as ‘Rahul Sharma Versus Govt of NCT of Delhi and Ors’, to submit that said petition was also filed with respect to the property in question, which was again disposed of with directions to approach the STF. 8. He submits that now a contempt petition being CONT.CAS(C) 440/2025, titled as ‘Rahul Sharma Versus Govt of NCT of Delhi and Ors’, has been filed, which is next listed on 15th October, 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 15/09/2025 at 12:06:53

9. By referring to the aforesaid orders, learned Senior Counsel for respondent no. 5 submits that respondent no. 5 has been carrying out repair work and not unauthorized construction. 10. Accordingly, MCD is directed to inspect the property in question forthwith, and file a Status Report with regard to the nature of construction activity being carried out by respondent no. 5. 11. Let Status Report be filed within a period of two weeks, from today. 12. In case during the course of inspection, any unauthorized construction is found by the MCD, the same shall be indicated in the Status Report. 13. Respondent no. 5 is also granted liberty to file an affidavit in support of his submissions. 14. Let the needful be done by the respondent no. 5 within a period of two weeks, from today. 15. Re-notify on 10th3. Today, learned counsel for the respondent nos. 1 to 4-Municipal Corporation of Delhi (“MCD”), has handed over a copy of the counter affidavit, filed on behalf of the MCD, which is taken on record. September, 2025.” 4. The relevant portions of the counter affidavit filed by the MCD, reads as under: “xxx xxx xxx 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 15/09/2025 at 12:06:53 xxx xxx xxx” 5. In view of the said counter affidavit filed by the MCD, no further 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 15/09/2025 at 12:06:53 directions are required to be passed by this Court. 6. Noting the aforesaid, the present writ petition is accordingly, disposed of. MINI PUSHKARNA, J SEPTEMBER 10, 2025/au