Usha Sabharwal And ANR v. Municipal Corporation Of Delhi And ANR

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 385/2025 USHA SABHARWAL AND ANR .....Petitioners Through:

Mr. Mayank Sharma and Ms. Simran Arora, Advocates.

versus MUNICIPAL CORPORATION OF DELHI AND ANR .....Respondents Through:

Ms. Anshula L. Bakhru, Standing Counsel for R1.

Mr. Sanjeev Sabharwal, Senior Panel Counsel with Ms. Shweta Singh, Advocate for R2.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 14.01.2025 CM APPL. 1859/2025 1.

Exemption allowed subject to all just exceptions. 2.

Application stands disposed of.

W.P.(C) 385/2025 3.

This writ petition is preferred on behalf of the Petitioners under Articles 226 and 227 of the Constitution of India seeking demolition of the unauthorized construction allegedly raised in the Stilt Floor and Roof Top of property bearing No. B-9, East Krishna Nagar, New Delhi. 4.

Issue notice.

5.

Ms. Anshula L. Bakhru, learned counsel accepts notice on behalf of Respondent/MCD and Mr. Sanjeev Sabharwal, learned counsel accepts notice on behalf of Respondent No.2.

W.P.(C) 385/2025 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 24/01/2025 at 16:04:19

6.

Ms. Anshula, on instructions, submits that the subject property was booked way back in 2021, however, demolition action could not be taken for one reason or the other beyond the control of the MCD including the recent GRAP restrictions. She further submits that when the property was inspected on 13.01.2025 there was no ongoing construction but inspection will be carried out again for ascertaining if there are any deviations from the sanction plan of the property and depending on the inspection report action will be taken if warranted.

7.

In view of the aforesaid stand of MCD, no further order is required to be passed in this writ petition. Any action taken by MCD will be compliant with applicable statutory provisions and judgment of the Supreme Court in In Re: Directions in the matter of demolition of structures, 2024 SCC OnLine SC 3291. In case of any further grievance, it will be open to the Petitioners to approach the Special Task Force constituted vide orders of the Supreme Court in M.C. Mehta v. Union of India and Others, (2019) 12 SCC 730 and M.C. Mehta v. Union of India and Others (Sealing Issue, in Re), (2019) 12 SCC 419.

8.

This order is passed without prejudice to the rights and contentions of the owner/occupant of the subject property, who are at liberty to take recourse to legal remedies, if aggrieved.

9.

Petition stands disposed of.

JYOTI SINGH, J JANUARY 14, 2025/jg W.P.(C) 385/2025 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 24/01/2025 at 16:04:19