High Court of DelhiW.P.(C)/3937/2025

Sahil Khan & ANR. v. Municipal Corporation Of Delhi & ORS.

2025-09-08Hon'Ble Ms. Justice Mini Pushkarna5 pages

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3937/2025 & CM APPL. 18380/2025 SAHIL KHAN & ANR.

.....Petitioners Through:

Mr. Shakeel Ahmed, Adv. (Through VC) versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through:

Mr. Vikramaditya Singh, Adv. for MCD Mr. Soumava Karmakar, SPC with Ms. Jyoti Bajaj, Adv. for R-4 Ms. Prabhsahay Kaur, SC with Mr.

Bir Inder Singh Gurm and Ms. Kavya Shukla, Advs.

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 08.09.2025 1.

The present petition has been filed seeking directions to respondent nos. 1 to 3, to stop illegal and unauthorized construction carried out by respondent nos. 5 to 7 on property bearing No. F-138/1, Abul Fazal Enclave Part-II, Shaheen Bagh, Jamia Nagar, New Delhi-110025. 2.

Status Report has been filed on behalf of the Municipal Corporation of Delhi ("MCD"), wherein, the action taken by the MCD has been detailed. The said Status Report 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"

Further Status Report dated 05th September, 2025 has been filed on behalf of the MCD, which is taken on record.

The relevant portions of the said Status Report reads as under: "xxx xxx xxx

4. That, further action against subject property was planned for 29.05.2025, but the same could not be executed due to shortage of time, as action on the said date was started from Property Adjoining A-16/01, Thokar No. 6, Shaheen Bagh, New Delhi involved in another High Court matter in "Cont. Cas (C) No. 76/2025 titled as Prabha Vs Wajid & Ors".

5. That, further action against subject property was planned for 02.09.2025. During the course of action, upon availability of Police Force, 04 (four) numbers of RCC panels were demolished at roof of Third Floor and reinforcement of these panels were also cut with the help of gas cutter. Photographs showing the demolition action as taken by the department on 02.09.2025 are annexed herewith as Annexure: A (Colly).

xxx xxx xxx"

Perusal of the aforesaid Status Reports filed on behalf of the MCD shows that MCD has already initiated action against the unauthorized construction in the property in question.

The MCD is held bound to take the requisite action against the unauthorized construction and remove the said unauthorized construction. 7.

In case the owner/occupier of the property in question is aggrieved by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

any action on behalf of the MCD, the legal right of said owner/occupier is reserved.

Noting the actions taken on behalf of the MCD, no further orders are required to be passed in the present writ petition. 9.

Accordingly, the present writ petition along with the pending application stands disposed of.

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