Mohd. Laieq v. North Delhi Municipal Corporation and Ors

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 06/10/2025 at 12:09:13 CONT.CAS(C) 1294/2025 & W.P.(C) 8108/2025 Page 2 of 16 Ms. Khushi, Advocates (M:9212036118) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA 1. The present writ petition has been filed seeking directions to the respondent nos. 1 and 2, to take action against the illegal and unauthorized construction, being raised in the property bearing No. 8850, Naya Mohalla, Azad Market, Delhi-110006. O R D E R % 24.09.2025 2. Status Reports have been filed on behalf of Delhi Police and Municipal Corporation of Delhi (“MCD”), to submit that only re-tiling work is being done by the owner/occupier of the property in question and that no fresh construction is being carried out in the subject property. 3. Per contra, learned counsel for the petitioner draws the attention of this Court to the order dated 10th“Issue notice. Ms. Namrata Mukim, learned counsel accepts notice on behalf of respondent No. 1/North Delhi Municipal Corporation and prays for time to file a status/action taken report. Let the status/action taken report be filed within a period of four weeks from today with an advance copy to learned counsel for the petitioner. Let notice now issue to respondent Nos.2 to 4 by all permissible modes, including dasti, on the petitioner taking necessary steps within one week, returnable on 12.11.2018. September, 2018, passed in W.P.(C) 9471/2018, titled as “Mohd. Laieq Versus North Delhi Municipal Corporation and Ors.”, which reads as under: CM APPL.36778/2018 (Interim Relief) 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 06/10/2025 at 12:09:13 CONT.CAS(C) 1294/2025 & W.P.(C) 8108/2025 Page 3 of 16 The present application under Section 151 of the Code of Civil Procedure, 1908, instituted on behalf of the applicant/petitioner prays as follows:- “a. Direct the respondents to ensure that no construction activity and unauthorized construction be raised in property bearing No.8850, Naya Mohallah, Azad Market, Delhi-110006 till the final disposal of the writ petition. b. Any other or further relief(s) which this Hon’ble Court may deem fit and proper in the present facts and circumstances of the case may also be awarded in favour of the petitioner and against the respondents.” Issue notice. Ms. Namrata Mukim, learned counsel accepts notice on behalf of respondent No. 1/North Delhi Municipal Corporation (for short‘NDMC’). Having heard learned counsel appearing on behalf of the parties and in view of the admitted position, the NDMC is directed to take action for the complete demolition of the entire unauthorized construction, existing in the subject property bearing No.8850, Naya Mohallah, Azad Market, Delhi-110006, expeditiously and ensure that, no further unauthorized construction is allowed to be carried out thereon4. By referring to the aforesaid order, learned counsel for the petitioner submits that the property in question was booked for unauthorized construction in the year 2018, however, no action has been taken by the MCD, till date. . With the above directions, the application is disposed of. A copy of this order be given dasti under the signature of Court Master to counsel for the parties.” (Emphasis Supplied) 5. She further draws the attention of this Court to the order dated 04th“1. This writ petition is filed under Article 226 of the Constitution of India seeking a writ of mandamus, or appropriate writ, or order or direction directing respondents No.1 to 3 to take legal action of September, 2019, passed in the aforesaid writ petition, wherein, it is noted as follows: 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 06/10/2025 at 12:09:13 CONT.CAS(C) 1294/2025 & W.P.(C) 8108/2025 Page 4 of 16 demolition of illegal and unauthorised construction raised by respondent No.4 at the property being No.8850, Naya Mohallah, Azad Market, Delhi- 110006. 2. Respondent No. 1/North DMC has filed an affidavit on 12.11.2018 whereby it has been stated that the property in question has been booked under sections 343 and 344 of the DMC Act, 1957 (hereinafter referred to as the 'DMC Act') on 03.07.2018 for unauthorised construction at entire ground floor, with projections on Municipal Land. A show cause notice was issued to the owner. Vide speaking order dated 19.09.2018, a demolition order was issued upon the owner/builder. Sealing action has also been taken under section 345-A of the DMC Act. The Affidavit also states that the owner/builder has challenged the said order of demolition in an appeal being No.712/2018, titled, 'Amtul Aziz v. North DMC', before Appellate Tribunal, MCD. The said Appellate Tribunal, MCD has also declined to pass any stay order against the said demolition order. It is further stated that in compliance with the order of the Appellate Tribunal, MCD, the demolition/sealing programme was organised for 05.11.2018 but the said action could not take place due to the ban on construction activities imposed in Delhi. 3. Fresh status report has now been filed on 19.03.2019. In the status report, it is stated that the property in question has been sealed and the main entry at ground floor and all four points are sealed. It is stated that appeal is still pending before the Appellate Tribunal, MCD. 4. My attention has also been drawn to the order of this court dated 10.09.2018 where this court had passed the following orders: “Having heard learned counsel appearing on behalf of the parties and in view of the admitted position, the NDMC is directed to take action for the complete demolition of the entire unauthorized construction, existing in the subject property bearing No.8850, Naya Mohallah, Azad Market, Delhi- 110006, expeditiously and ensure that, no further unauthorized construction is allowed to be carried out thereon.” 5. Mr. Rajendra Dutta, learned counsel has entered appearance for Smt. Amtul Aziz and has filed an application being CM APPL. No.51634/2018 claiming that she is the original owner of the property in question. He also confirms that some demolition proceedings have taken place and the property is lying sealed. 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 06/10/2025 at 12:09:13 CONT.CAS(C) 1294/2025 & W.P.(C) 8108/2025 Page 5 of 16 6. Keeping in account the affidavit filed by the North DMC and the status report, one feature is striking that this court on 10.09.2018 had directed demolition of the entire unauthorised construction. There is also a demolition order passed by the North DMC on 19.09.2018. The Appellate Tribunal, MCD on 10.10.2018 has dismissed the application of the owner/builder for stay of the demolition order. Despite aforesaid developments, respondent No. 1/North DMC has not completed the demolition of the unauthorised construction as is apparent from the status report dated 19.03.2019. 7. Learned counsel appearing for respondent No. 1/North DMC states that an application for temporary desealing of the property has been filed by the owner/builder seeking permission to regularise the unauthorised construction6. By referring to the aforesaid order, learned counsel for the petitioner submits that a demolition order dated 19. 8. Respondents No.1 and 2 will ensure speedy compliance with the demolition order of this court. It is made clear that in case any application is moved by the owner/builder, the same be dealt with expeditiously and proceedings should not be prolonged. Entire exercise may be completed within three months from today. In case there is any delay in compliance with the order of this court, liberty is granted to the petitioner to seek revival of the present writ petition. 9. With the above direction, the present petition and all pending applications, if any, stand disposed of.” (Emphasis Supplied) th7. She further submits that the regularization application of the owner/occupier of the property in question was also rejected by the MCD. However, the same is disputed by learned counsel for the respondent no. 4, i.e., Sh. Nooruddin. September, 2018 was issued by the MCD with respect to the property in question. Consequently, the petitioner had approached the Appellate Tribunal MCD (“ATMCD”) for stay of the demolition order, however, no relief was granted to the owner/occupier of the premises, by the ATMCD. 8. Responding to the aforesaid submissions, learned counsel for the respondent-MCD has handed over certain photographs to this Court, to show 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 06/10/2025 at 12:09:13 CONT.CAS(C) 1294/2025 & W.P.(C) 8108/2025 Page 6 of 16 the current position of the property, three of which, are reproduced as under: 9. By referring to the aforesaid photographs, learned counsel for the 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 06/10/2025 at 12:09:13 CONT.CAS(C) 1294/2025 & W.P.(C) 8108/2025 Page 7 of 16 MCD submits that pursuant to the demolition order, having been passed by the MCD in the year 2018, action was taken by the MCD and the whole property was made inhabitable. 10. Subsequently, the owner/occupier of the property in question has approached the MCD and vide letter dated 04th December, 2023, sanction has been granted in favour of the owner/occupier of the property in question for erection/re-erection and alteration of the property in question. The Sanction Letter, as attached by the MCD along with its Status Report, is reproduced as under: 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 06/10/2025 at 12:09:13 CONT.CAS(C) 1294/2025 & W.P.(C) 8108/2025 Page 8 of 16 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 06/10/2025 at 12:09:13 CONT.CAS(C) 1294/2025 & W.P.(C) 8108/2025 Page 9 of 16 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 06/10/2025 at 12:09:13 CONT.CAS(C) 1294/2025 & W.P.(C) 8108/2025 Page 10 of 16 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 06/10/2025 at 12:09:13 CONT.CAS(C) 1294/2025 & W.P.(C) 8108/2025 Page 11 of 16 11. Attention of this Court is drawn to the Status Report dated 15th“xxx xxx xxx September, 2025 filed on behalf of the MCD, wherein, it is stated as follows: 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 06/10/2025 at 12:09:13 CONT.CAS(C) 1294/2025 & W.P.(C) 8108/2025 Page 12 of 16 ” 12. Perusal of the aforesaid Status Report filed on behalf of the MCD shows that, as of now, the owner/occupier of the property in question is only doing the re-tiling work, and no fresh construction is being carried out in the subject property. Further, no building material was found stacked at the site. 13. This Court also takes note of the Status Report dated 15th September, 2025, filed on behalf of the Delhi Police, relevant portions of which, are reproduced as under: 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 06/10/2025 at 12:09:13 CONT.CAS(C) 1294/2025 & W.P.(C) 8108/2025 Page 13 of 16 “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 06/10/2025 at 12:09:13 CONT.CAS(C) 1294/2025 & W.P.(C) 8108/2025 Page 14 of 16 14. Perusal of the Status Report of the Station House Officer (“SHO”), Police Station-Bara Hindu Rao, shows that during inspection, owner of the property in question, had also provided the police with the Sanctioned Building Plan dated 4th15. Considering the submissions made before this Court, it is directed that the MCD shall ensure that any construction work carried out in the property in question is done strictly in accordance with law, and as per the Sanctioned Plan granted by the MCD. December, 2023 from the Building Department, City SP Zone, MCD to the police. Further, no construction work was found by the police on the site in question. 16. In case, the petitioner is aggrieved by the grant of sanction with respect to the property in question, the petitioner is at liberty to seek his remedies, in accordance with law. 17. At this stage, learned counsel for the petitioner draws the attention of this Court to the photographs, attached with the Status Report of the Delhi Police, which are reproduced as under: 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 06/10/2025 at 12:09:13 CONT.CAS(C) 1294/2025 & W.P.(C) 8108/2025 Page 15 of 16 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 06/10/2025 at 12:09:13 CONT.CAS(C) 1294/2025 & W.P.(C) 8108/2025 Page 16 of 16 18. By referring to the aforesaid photographs, it is submitted that building material is stacked inside the building. 19. Learned counsel for the petitioner submits that the Status Reports, filed by the MCD and Delhi Police, are not proper. 20. In response to the same, learned counsel for the respondent no. 3 submits that construction of toilet and kitchen is being done in accordance with the Sanctioned Building Plan. 21. Accordingly, it is directed that the MCD and SHO of the local police station shall ensure that any construction done by the owner/occupier of the property in question, is done strictly as per the Sanctioned Building Plan, and in case of any deviations or excess coverage, appropriate action shall be taken. 22. Liberty is also granted to the petitioner to approach the Special Task Force (“STF”), as constituted by the Supreme Court, in terms of the orders passed by the Division Bench of this Court in the case of Devender Versus Govt. of NCT of Delhi and Ors., and other connected matters in W.P.(C) 1807/2018, and Fazruddin Versus DDA and Ors., in W.P.(C) 4649/2017, in case, the petitioner is aggrieved by any unauthorized construction which is still being carried out in the property in question. 23. With the aforesaid directions, the present writ petition, along with pending application, is accordingly disposed of. MINI PUSHKARNA, J SEPTEMBER 24, 2025/au