Kuldeep Kumar Mittal v. Municipal Corporation Of Delhi & ORS.

$~6 & 8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3518/2025 & CM APPL. 16490/2025 KULDEEP KUMAR MITTAL .....Petitioner Through:

Mr. Sagar and Mr. Ali Muzaffar, Advs. (Through VC) versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through:

Mr. Aditya Chandra, SC with Mr.

Utkarsh Bhanu, Adv. for R-1 Ms. Shikha Sarin, Adv. for R-2 Mr. Shankar Kumar Jha, SPC. for R-3 + CONT.CAS(C) 545/2025 KULDEEP KUMAR MITTAL .....Petitioner Through:

Mr. Sagar and Mr. Ali Muzaffar, Advs. (Through VC) versus SH. DILKHUSH MEENA .....Respondent Through:

Mr. Aditya Chandra, SC with Mr.

Utkarsh Bhanu, Adv. for R-1 Mr. Shankar Kumar Jha, SPC. for R-3

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 01.08.2025 1.

The present writ petition has been filed seeking directions to the respondents to stop the illegal and unauthorized construction being carried out by respondent no. 4 at the property bearing No. 893/8 and 893/8A, Ward The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

No. 8, Mehrauli, New Delhi-110030.

2.

A contempt petition, i.e., Cont. CAS(C) 545/2025 has been filed alleging disobedience of the order dated 21st March, 2025, wherein, directions had been issued by this Court that the status quo with regard to construction in the property shall be maintained. However, respondent no.4 has willfully and deliberately continued the illegal construction in the property in question.

th 3.

A Status Report/Action Taken Report dated 16 May, 2025, has been filed on behalf of the Municipal Corporation of Delhi ("MCD"), wherein, the MCD has detailed the various actions undertaken by the MCD on the properties, which are subject matter of the present writ petition. 4.

The relevant portions of the Status Report, are reproduced as under: "xxx xxx xxx A. Plot No. 2 Opposite to· 895C, Ward No. 8, Mehrauli, New Delhi. vii) Pursuant to demolition/sealing orders already passed in respect of this property, the Building Department-II of South Zone/MCD has also tried/taken/carried out the necessary action as per details given herein below:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The photographs taken during the aforementioned demolition/sealing action are also annexed herewith as Annexure - R - 8 (Colly). viii) After taking the aforementioned demolition/sealing action, a letter 13/05/2025 has also been sent to concerned SHO, PS Mehrauli, New Delhi with the request to direct the area patrolling staff to keep strict vigil at the property so that the demolished portion may not be restored/re-constructed/repaired and the seals affixed by the department may not be tampered with. Copy of the said letter is also annexed herewith as Annexure - R - 9.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

B. Plot No. 3 Opposite to 895-C, Ward No. 8, Sunrise Apartment, Mehrauli, New Delhi.

vi. Pursuant to demolition/sealing orders already passed in respect of this property, the Building Department-II of South Zone/MCD has also tried/taken/carried out the necessary demolition/sealing action as per details given herein below:

The photographs taken during the aforementioned demolition are also annexed herewith as Annexure-R -15 (Colly).

C. Property Right side First Plot Opposite to Sunrise Apartment in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Khasra No. 895C, Ward No. 8, Mehrauli, New Delhi. v. Pursuant to demolition orders already passed in respect of this property, the Building Department-II of South Zone/MCD has also taken/carried out the necessary demolition/sealing action as per details given herein below:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The photographs taken during the aforementioned demolition are also annexed herewith as Annexure- R- 21 (Colly).

x) After taking the aforementioned demolition/sealing action, a letter dated 23/04/2025 and 28/04/2025 has also been sent to concerned SHO, PS Mehrauli, New Delhi with the request to direct the area patrolling staff to keep strict vigil at the property so that the demolished portion may not be re-stored/reconstructed/repaired. Copy of the letter as sent in this regard is also annexed herewith as Annexure- R- 22 (Colly).

xxx xxx xxx"

5.

Additionally, action has also been taken in the property, i.e., Last Plot of Right Side Opposite to Sunrise Apartment in Khasra No. 895C, Ward No. 8, Mehrauli, New Delhi and Last Plot of Left Side Opposite to Sunrise Apartment in Khasra No. 895C, Ward No. 8, Mehrauli, New Delhi, details of which have also been given in the Status Report. 6.

Considering the aforesaid detailed Report, no further directions are required to be passed by this Court.

7.

However, the MCD is bound to take full action and ensure that the unauthorized construction is completely demolished and that no further unauthorized construction takes place in the properties in question. 8.

Accordingly, with the aforesaid directions, the present petitions, along with the pending application, stand disposed of. MINI PUSHKARNA, J AUGUST 1, 2025/KR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.