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High Court of DelhiW.P.(C)/1884/2025

Smt Suresh Devi & ANR. v. Municipal Corporation Of Delhi & ORS.

2025-02-18Hon'Ble Ms. Justice Jyoti Singh2 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1884/2025 SMT SURESH DEVI & ANR.

.....Petitioners Through:

Mr. Kapil, Mr. Rohit Sharma and Mr.Nalin Yadav, Advocates.

versus MUNICIPAL CORPORATION OF DELHI & ORS......Respondents Through:

Mr.

Manu Chaturvedi, Standing Counsel for Respondents No.1 to 3/MCD.

Ms. Iram Majid, CGSC with Mr. Mohd. Suboor and Mr. M. Seham Khan, Advocates for Respondents No.4 and 5/DP.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 18.02.2025 1.

This writ petition is preferred on behalf of the Petitioners under Article 226 of Constitution of India seeking the following reliefs: "a) Issue writ of mandamus or any other appropriate writ/order/direction thereby ordering the respondents/respondent no.3 to remove the illegal construction/encroachment done by the respondent No.6 in front and adjacent of the complainant's house as well as the illegal encroachment upon the public gali including drains and nali/road and comply with the office letter bearing No.

EE(M-1)/Narela/2024-25/D/423 dated 02.07.2024.

b) Issue writ of mandamus or any other appropriate writ/order/direction thereby ordering the respondents/respondent no.1,2 to ensure the compliance of the order or respondent No.3 dated 02.07.2024. bearing no.EE(M- 1)/Narela/2024-25/D/423.

W.P.(C) 1884/2025 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 20/02/2025 at 12:15:25

c) Issue writ of mandamus or any other appropriate writ/order/direction to respondent No.4 and 5 to provide police assistance to the respondent No.1,2 and 3 to remove the illegal construction/encroachment done by the respondent No.6 in front and adjacent of the complainant's house as well as the illegal encroachment upon the public gali including drains and nali/road in compliance of the letter bearing No.EE(M-1)/Narela/202425/D/423 dated 02.07.2024. " 2.

On the last date of hearing, learned counsel for Respondents No.1 to 3/MCD sought time to revert back with instructions. It is now stated by Mr.Manu Chaturvedi, on instructions, that there is encroachment by Respondent No.6 on the public land and the demolition action has been scheduled for 21.02.2025.

3.

Learned counsel for Respondents No.4 and 5/Delhi Police assures that necessary police assistance will be provided at the time of demolition. 4.

Stands of MCD and the Delhi Police are taken on record. No further order is required to the passed in the present writ petition. 5.

The writ petition is, accordingly, disposed of. In case of any surviving/further grievance, Petitioners make take recourse to legal remedies.

JYOTI SINGH, J FEBRUARY 18, 2025 B.S. Rohella W.P.(C) 1884/2025 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 20/02/2025 at 12:15:25