Mr. Baldev Raj Bajaj v. Municipal Corporation Of Delhi And ORS.

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 969/2025 MR. BALDEV RAJ BAJAJ .....Petitioner Through:

Mr. Prashant Sharma and Mr. Shiv Baisoya, Advocates.

versus MUNICIPAL CORPORATION OF DELHI AND ORS.

.....Respondents Through:

Mr. Shivam Sachdeva, Additional Standing Counsel for MCD.

Mr. Ranvir Singh SPC with Mr. Vinod Kumar, Advocates for Respondent No. 2.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 27.01.2025 CM APPL. 4789/2025 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(C) 969/2025 3.

This writ petition is preferred on behalf of the Petitioner under Article 226 of the Constitution of India seeking the following reliefs:- "A. Issue a writ of mandamus or any other appropriate writ(s) or order(s) or direction(s) to the Respondents No. 1 and 2 to take immediate action to demolish the unauthorised construction at 943/5 Arjun Nagar 4th Floor Kotla Mubarakpur- 110003.

B. Issue a writ of mandamus or any other appropriate writ(s) or order(s) or direction(s) to the Respondents No.1 and 2 to take lawful actions on the complaints dated 12/08/2024,07/10/2024 and 08/ 11/2024 submitted by the petitioner and to initiate comprehensive steps towards their lawful and logical conclusion."

W.P.(C) 969/2025 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 29/01/2025 at 12:30:35

4.

Issue notice 5.

Counsels, as above, accept notice on behalf of the Respondents. 6.

Mr. Shivam Sachdeva, learned Additional Standing Counsel, on instructions, submits that the subject property bearing no. 943/5, Arjun Nagar, Kotla Mubarakpur, New Delhi has been booked in the year 2021 but no action could be taken by MCD for one reason or the other beyond its control. He, however, has instructions to state that action will be taken in the near future in accordance with law.

7.

Accordingly, at this stage, no further order is required to be passed. 8.

Writ petition is disposed of taking the stand of MCD on record, that necessary action will be taken.

9.

Needless to state that MCD will take further action after compliance with the statutory formalities and keeping in view the judgment of the Supreme Court in In Re: Directions in the matter of demolition of structures, 2024 SCC OnLine SC 3291.

10.

This order is passed without prejudice to the rights and contentions of Respondent No. 3, who may resort to appropriate remedies. 11.

In case of any surviving grievance, Petitioner will be at liberty to take recourse to legal remedies.

JYOTI SINGH, J JANUARY 27, 2025/shivam W.P.(C) 969/2025 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 29/01/2025 at 12:30:35