Kapil Kumar Gupta v. Municipal Corporation Of Delhi & ORS.
$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 627/2025 and CM APPL. 2975/2025 KAPIL KUMAR GUPTA .....Petitioner Through:
Mr. Vimezhunuo Kire and Mr. Mohit Yadav, Advocates.
versus MUNICIPAL CORPORATION OF DELHI & ORS.
.....Respondents Through:
Ms. Kannopriya Gupta, Advocate for R1.
Mr. Ankit Verma, Senior Panel Counsel for R2 and also Mr. Ram Kumar, Central Govt. Senior Panel Counsel with Mr. Sushil Kumar and Mr.
Sachin, Advocates for R2.
SI Lokendra Singh, PS Malviya Nagar.
Mr. R.K. Dhawan, Standing Counsel with Ms.
Nisha Dhawan, Mr. V.K. Teng and Mr. Naman Kumar Thakur, Advocates for DDA.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 20.01.2025 1.
This writ petition is preferred on behalf of the Petitioner under Article 226 of the Constitution of India seeking the following reliefs:- "i) Issue necessary orders in nature of writ of mandamus and issue orders and direction against the respondent No. 1 i.e. Municipal Corporation of Delhi and its officials to take the immediate step to stop the ongoing illegal and unauthorized construction being carried out by the respondent No.4 at the property in question i.e ......... Property No. T-7 4 Khirki Nagar, near Krishna Mandir Malviya Nagar, New Delhi-110017 admeasuring about 100 Sq. Yds. along with Basement; ii) Issue writ in nature of mandamus and pass orders and directions against the respondent No.2 i.e. SHO P.S.Malviya Nagar & respondent 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 27/01/2025 at 13:14:38
No.3 i.e. Special Task Force to take immediate step and to provide all assistance and police force to the respondent No.1 for stopping ongoing illegal and unauthorized construction over the said property by the respondent No.4.
iii) Issue writ in nature of mandamus and to pass orders and directions against the respondent No.4 not to commit any violation of the prov1s10ns of Municipal Corporation of Delhi Act, 1957 (As amended upto date) and Building Bye-Laws;
iv) The directions may also be issued to the respondent No.1, 2& 3 to take appropriate action to register the FIR against the respondent No.4." 2.
Issue notice.
3.
Counsels, as above, accept notice on behalf of the respective Respondents.
4.
Petitioner alleges unauthorised construction in property bearing No. T-74B(2), Krishna Mandir Lane, Khirki Extension, New Delhi. It is stated in the writ petition that Petitioner had made complaints to the MCD as well as to the Special Task Force (STF) 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, but no action has been so far.
5.
Learned counsel appearing on behalf of MCD, on advance copy of the writ petition, hands over copy of letter dated 16.01.2025 written to SHO, Police Station: Malviya Nagar for stoppage of unauthorized construction in the subject property falling in Ward No. 172-S (Chirag Delhi), under Section 344 (2) of Delhi Municipal Corporation Act, 1957 ('DMC Act'). Copy of show cause notice dated 16.01.2025 issued to Respondent No.4/ owner/occupier of the subject property is also handed over. Respondent No.4 has been called upon to submit his reply within seven working days as to why order of demolition under Section 343 of the Act be not passed. 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 27/01/2025 at 13:14:38
Copies of the documents are taken on record. Additionally, Sub-Inspector Lokendra Singh from PS: Malviya Nagar, who is present in Court, submits that unauthorised construction has been stopped by the occupier of the premises today.
6.
Accordingly, this writ petition is disposed of taking the stand of MCD and the police on record. Needless to state that further action will be taken by MCD, on receipt of reply from Respondent No.4 in accordance with law and depending on the stand taken by him. Any action taken by MCD will be compliant with all statutory requirements and as per the judgments of the Supreme Court in In Re: Directions in the matter of demolition of structures, 2024 SCC OnLine SC 3291.
7.
In case of any surviving grievance, Petitioner will be at liberty to approach the STF. This order is made without prejudice to the rights and contentions of Respondent No.4.
8.
Pending application stands disposed of.
JYOTI SINGH, J JANUARY 20, 2025 YA 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 27/01/2025 at 13:14:39