Harish Arora & ORS. v. Municipal Corporation Of Delhi & ORS.

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 653/2025 HARISH ARORA & ORS.

.....Petitioners Through:

Mohd. Fuzail Khan, Ms. Shisba Chawla and Mr. Sudhanshu Singh, Advocates.

versus MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through:

Mr. Vikas Chopra, Standing Counsel with Ms. Anita-R-Mishra, Mr. Dipesh Chopra and Ms. Khushi, Advocates for MCD.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 20.01.2025 CM APPL. No. 3104/2025 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(C) 653/2025 CM APPL. No. 3103/2025 3.

This writ petition is preferred on behalf of the Petitioners under Article 226 of the Constitution of India alleging unauthorized construction in a 30 year old building bearing Property No. 2812/20, Beadon Pura, Karol Bagh, New Delhi on the Third, Fourth and Fifth Floors and also a lift constructed in the property.

4.

Issue notice.

5.

Mr. Vikas Chopra, learned Standing Counsel accepts notice on behalf of Respondent No. 1/MCD.

W.P.(C) 653/2025 Page 1 of 2 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 13:13:48

6.

Learned counsel for the Petitioners, on instructions, states that the alleged unauthorized construction is ongoing even today. 7.

From a reading of the writ petition and the documents appended thereto, it is clear that Petitioners have already approached 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, however, it is averred by the Petitioners that no action is being taken albeit complaint filed by Petitioner No.2 had been registered on 09.01.2025 vide Reference ID: SNS2025010984.

8.

Accordingly, without entering into the merits of the case, this writ petition is disposed of with a direction to the STF to examine the complaint made by the Petitioners as expeditiously as possible, considering the serious allegation that there is unauthorized construction in the subject property and the same is ongoing. Necessary action will be taken in accordance with law and bearing in mind the judgment of the Supreme Court in In Re: Directions in the matter of demolition of structures, 2024 SCC OnLine SC 3291.

9.

In case of any surviving grievance, Petitioners will be at liberty to take recourse to legal remedies. This order is passed without prejudice to the rights and contentions of Respondent No.3.

10.

Writ petition along with pending application stands disposed of. JYOTI SINGH, J JANUARY 20, 2025/shivam W.P.(C) 653/2025 Page 2 of 2 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 13:13:48