High Court of DelhiW.P.(C)/3535/2025

Sh. Rajendra Lohiya @ Rajender Choudhury v. Municipal Corporation Of Delhi (M.C.D) & ORS.

2025-10-08Hon'Ble Ms. Justice Mini Pushkarna16 pages

$~52 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3535/2025, CM APPL.

16565/2025 & CM APPL.

37553/2025 SH. RAJENDRA LOHIYA @ RAJENDER CHOUDHURY .....Petitioner Through:

Mr. Jitender Tyagi and Ms. Tabassum Hasan, Advs.

Mob: 9810008859 Email: advthasan311@gmail.com versus MUNICIPAL CORPORATION OF DELHI (M.C.D) & ORS. .....Respondents Through:

Mr. Anubhav Gupta, Panel Counsel (Civil) GNCTD Mob: 9910623535 Email: advanubhav94@gmail.com SI Dinesh Kumar, PS Fatehpur Beri Mob: 8750877326 Mr. Rakesh Malviya, Advocate for R4 (through VC) Mr.

Anuj Chaturvedi, Ms.

Richa Dhawan, Ms. Shivani, Advocates for MCD

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 08.10.2025 1.

The present writ petition has been filed seeking directions to the respondents to take action against the unauthorized construction on the land of the petitioner situated as Khasra No. 1783 (4-16), 1784/2 (3-0) in revenue estate of Village Aaya Nagar, Tehsil Mehrauli, New Delhi, being carried out by respondent no. 4.

Per contra, learned counsel appearing for respondent no. 4 submits The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

that the petitioner has no concern with the land in question, as the petitioner had already sold his land long back to a third party, from whom, the respondent no. 4 had purchased the land in question. 3.

He, thus, submits that it is the respondent no. 4 who is the owner of the land in question. He further submits that two litigations are already pending in the Civil Court, which have been initiated by the petitioner herein with regard to the land in question.

Be that as it may, it is clarified that this Court is not going into the issue of ownership or title of the land in question. It is to be noted that two Status Reports have been filed on behalf of MCD. The first Status Report filed on behalf of the MCD dated 12th April, 2025, reads as under: "xxx xxx xxx The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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

A further, Status/Action Taken Report dated 08th May, 2025 has been filed on behalf of the MCD, relevant portions of which, read as under: "xxx xxx xxx "

Perusal of the aforesaid Status Reports shows that the MCD has already initiated action against the unauthorized construction existing in the land in question.

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

Accordingly, the MCD is enjoined to ensure that no further unauthorized construction takes place on the land in question. Any further action required to be taken against the existing unauthorized construction shall also be taken.

Further, the Station House Officer ("SHO") of Police Station Fatehpur Beri, shall also ensure that no further unauthorized construction takes place on the land in question and that due assistance is given to the MCD, as and when any action is required to be taken.

In case, the owner/occupier of the land in question is aggrieved by any action being taken by the MCD, the right to seek remedies, in accordance with law, is reserved.

10.

Noting the aforesaid, the present writ petition, along with the pending applications, is disposed of.

MINI PUSHKARNA, J OCTOBER 8, 2025/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.