High Court of DelhiW.P.(C)/4450/2025

Anita Devi v. Municipal Corporation Of Delhi & ORS.

2025-05-05Hon'Ble Ms. Justice Mini Pushkarna6 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4450/2025 ANITA DEVI .....Petitioner Through:

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

Ms.

Shivangie Kumar and Mr.

Gaurav Kumar Arya, Advs. for R-1 Mr. Niraj Kumar, Sr. Central Govt.

Counsel with Mr. Chaitanya Kumar, Adv. for R-2 Mr. Shreesh Pathak, Adv. on behalf of Ms. Sangeeta Bharti, SC for DJB Mr. Manish Gandhi, Adv. for R-6 (Through VC) Ms. Rishika Nagpal, Adv. for R-5 (Through VC) Mr. Udian Sharma and Mr. Jaitegan Singh Khurana, Advs. for R-3 & 4 (Through VC)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 05.05.2025 1.

The present writ petition has been filed seeking directions to the respondent no.1/Municipal Corporation of Delhi ("MCD"), to perform its statutory duties and prevent unauthorized and illegal construction being carried out at WZ-34A, Beri Wala Bagh, New Delhi-110064, admeasuring The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

100 Sq. yds. in area and also the property bearing no. WZ-34A/2, Beri Wala Bagh, New Delhi-110064, which is 50 Sq. yds. in area. 2.

This Court notes that a Status Report dated 01st May, 2025, has been filed on behalf of the respondent-MCD, in compliance with the order dated 07th April, 2025, wherein, it has been sated as follows: "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"

A perusal of the aforesaid Status Report shows that the requisite action has already been initiated by the MCD. 4.

This Court further notes that owner/occupiers of one of the property has also submitted that he shall apply for regularization of the construction in his property, after demolishing the non-compoundable deviations existing in the property.

In case any application for regularization is filed by any owner/occupier of the property in question, the same shall be considered and a Speaking Order shall be passed after granting hearing to the concerned person.

Accordingly, the MCD is directed to take appropriate action with respect to unauthorized and illegal construction, if any, in accordance with law.

Further, in case the petitioner is aggrieved by the any non-action on the part of the MCD, the petitioner shall be at liberty to approach the Special Task Force ("STF") constituted by the Supreme Court, in terms of the orders passed by the Division Bench of this Court in the case of Devender Versus Govt. of NCT of Delhi and Ors., in W.P.(C) 1807/2018 and Fazruddin Versus DDA and Ors. in W.P.(C) 4649/2017.

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

With the aforesaid directions, the present writ petition, stands disposed of.

MINI PUSHKARNA, J MAY 5, 2025/kr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.