Zaroorat Educational And Welfare Society (Regd.) v. Municipal Corporation Of Delhi & ORS.

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2542/2025 ZAROORAT EDUCATIONAL AND WELFARE SOCIETY (REGD.) .....Petitioner Through:

Mr. Naveen Solanki, Advocate.

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

Mr. Vikas Chopra, Standing Counsel for Respondent No.1/MCD.

Mr. Amit Tiwari, CGSC with Ms. Ayushi Srivastava, Advocate for Respondent No.2.

Mr. Arjun Mahajan, Standing Counsel with Mr.Apoorv Upmanyu and Mr. Harsh Vashist, Advocates for Respondent No.3/STF.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 28.02.2025 CM APPL. 11998/2025 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(C) 2542/2025 and CM APPL. 11997/2025 3.

This writ petition is filed on behalf of the Petitioner under Article 226 of Constitution of India seeking the following relief: "To issue a writ of mandamus or any other appropriate Writ/Order/Direction directing the officials of the Respondent No.1. 2 & 3 for removing illegal and unauthorized construction at Property Bearing No. 807, Katra Hiddu, Farash Khana, Chandni Chowk. Delhi - 110006, (MCD Ward No.79), Old Delhi - 110006."

4.

Issue notice.

5.

Learned counsels, as aforesaid, accept notice on behalf of respective Respondents.

W.P.(C) 2542/2025 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 01/07/2025 at 23:03:14

6.

Learned counsel for Respondent No.1/MCD appearing on advance copy of the writ petition takes an objection to the locus of Petitioner for filing the present writ petition. Additionally, it is pointed out that Petitioner has already approached Special Task Force but without awaiting the outcome has filed the present writ petition.

7.

Learned counsel appearing for Respondent No.3/STF, on the other hand, submits that the complaint of the Petitioner has been registered vide Reference ID SNS2025021133P and MCD has been directed to take necessary action in accordance with law. The document is handed over in Court and taken on record. Counsel for MCD submits that necessary action will be taken in accordance with law.

8.

Accordingly, no further order is required to be passed in this writ petition, save and except, that any action by MCD will be compliant with all the statutory provisions as also 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.

9.

This order is passed without prejudice to the rights and contentions of the owner/occupier of the subject property bearing no. 807, Katra Hiddu, Farash Khana, Chandni Chowk. Delhi - 110006, (MCD Ward No.79), Old Delhi - 110006.

10.

Writ petition stands disposed of along with pending application. JYOTI SINGH, J FEBRUARY 28, 2025 B.S. Rohella W.P.(C) 2542/2025 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 01/07/2025 at 23:03:14