High Court of DelhiW.P.(C)/4379/2021

M/S Shanti Kunj (Main) Residents Welfare Society (Regd.) v. South Delhi Municipal Corporation & ORS.

2025-09-16Hon'Ble Ms. Justice Mini Pushkarna28 pages

$~25 & 26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4379/2021 M/S SHANTI KUNJ (MAIN) RESIDENTS WELFARE SOCIETY (REGD.) .....Petitioner Through:

Mr.Aaditiya Vijay Kumar, Ms.

Akshita Katoch and Mr. P. Kannan, Advs.

versus SOUTH DELHI MUNICIPAL CORPORATION & ORS.

.....Respondents Through:

Ms. Richa Dhawan, SC and Mr. Anuj Chaturvedi, SC with Mr.

Agam Rajput, Adv. for MCD Mr. Sameer Abhyankar, Mr. Krishna Rastogi and Mr. Aryan Srivastva, Advs. for R-7 to 9 Mr. Vijay Kinger, Ms. Roopa Nagpal, Mr.

Ashwani Gehlot and Mr.

Abdhesh Kumar, advs. for R-8 Mrs. Avnish Ahlawat, SC with Ms.

Aliza Alam and Mr.

Mohnish Sehrawat, Advs. for R-2 Mr. Aman Nandrajog and Mr. Gagan Jaglan, Advs. for R-4 + W.P.(C) 372/2022 SHANTI KUNJ MAIN RESIDENTS WELFARE SOCIETY .....Petitioner Through:

Mr.Aaditiya Vijay Kumar, Ms.

Akshita Katoch and Mr. P. Kannan, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Advs.

versus GOVERNMENT OF NCT OF DELHI & ORS.

.....Respondents Through:

Ms. Richa Dhawan, SC and Mr. Anuj Chaturvedi, SC with Mr.

Agam Rajput, Adv. for MCD Rastogi and Mr. Aryan Srivastva, Advs. for R-7 to 9 Mr. Vijay Kinger, Ms. Roopa Nagpal, Mr.

Ashwani Gehlot and Mr.

Abdhesh Kumar, advs. for R-8 Mrs. Avnish Ahlawat, SC with Ms.

Aliza Alam and Mr.

Mohnish Sehrawat, Advs. for R-2

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 16.09.2025 1.

W.P.(C) 4379/2021 has been filed seeking directions to the respondents to stop and remove the unauthorized construction at Plot No. 40, Shanti Kunj Main, Church Road, Delhi-110070 and Plot No. 98A/98, Shanti Kunj, Vasant Kunj, Delhi-110070.

Writ petition being W.P.(C) 372/2022 has been filed seeking to directions to the respondents to take possession of the lands under the high tension wires, being government land, which are incapable of being sold and used for private purposes.

This Court notes that the present petitions have been pending for almost four years and various Status Reports have been filed with respect to various actions that have been taken on behalf of the Municipal Corporation The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of Delhi ("MCD).

Status Report dated 10th September, 2021 on behalf of MCD filed, with regard to the action taken, 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.

xxx xxx xxx"

The further Status Report dated 03rd August, 2022 filed by the MCD in this regard, is reproduced 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.

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.

Further additional Status/Action Taken Report dated 06th January, 2023, filed on behalf of the MCD, is reproduced as under: "xxx xxx xxx 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.

Further Action Taken/Status Report dated 04th December, 2023 filed on behalf of the MCD, 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.

xxx xxx xxx"

Another Status Report dated 24th August, 2024 filed on behalf of the MCD, is reproduced 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.

xxx xxx xxx"

Yet another Status Report dated 23rd September, 2024 has been filed on behalf of MCD, relevant portions of which, are reproduced 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.

xxx xxx xxx"

10.

Considering the aforesaid Status Reports, it is evident that regular action is being taken by the MCD.

11.

At this stage, learned counsel appearing for respondent nos. 5 to 7 in W.P.(C) 4379/2021, submits that for purposes of taking action against properties which exist under high tension wires, due procedure under Electricity Act, 2003, needs to be followed.

12.

Learned counsel appearing for respondent no. 4 in W.P.(C) 4379/2021 draws the attention of this Court to the reply filed on behalf of Delhi Transco Limited ("DTL") to submit that it is the stand of DTL itself that the property of respondent no. 4 is not in the right of way of the high tension wires.

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

13.

Considering the submissions made before this Court, it is directed that the requisite action shall be taken by the concerned authorities after following the due procedure, in accordance with law. 14.

If required so, requisite notices shall be issued by the concerned authorities to the affected parties, who shall be granted opportunity of hearing.

15.

Requisite orders shall be passed by the concerned authorities after hearing the affected parties, and any requisite action that is to be taken shall be taken only, thereafter.

16.

This Court expects that the requisite action shall be taken by the concerned authorities, within a time bound manner, preferably, within a period of six months from today.

17.

In case any of the parties is aggrieved by any action or non-action of the concerned authorities, they have the liberty to seek remedies, in accordance with law.

18.

All the rights and contentions of the parties are left open to be taken up in relevant proceedings.

19.

Noting the aforesaid, the present writ petitions, along with the pending applications, stand disposed of.

MINI PUSHKARNA, J SEPTEMBER 16, 2025/KR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.