Mohd. Ateeq v. Municipal Corporation Of Delhi & ORS.

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4947/2025 MOHD. ATEEQ .....Petitioner Through:

Mr. Yatendra Singh, Advocate with petitioner in person.

(M): 8745931824 Email: yatendra.manya@gmail.com versus MUNICIPAL CORPORATION OF DELHI & ORS......Respondents Through:

Ms. Deepika Kumari, Advocate for respondent no. 1 and 2.

(M): 7042840681 Email: deepikatiwary44@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 21.04.2025

O R D E R

1.

The present writ petition has been filed alleging that the respondent no. 3 is raising illegal and unauthorised construction in property bearing no. 6416, Gali Chutanki Wali, Quresh Nagar, Eidgah Road, Sadar Bazar, Delhi-110006.

2.

It is submitted that the construction has reached upto the 5th floor, and that ongoing construction is being raised in full swing, by demolishing the existing old structures at the property in question, without getting any kind of requisite permission, from the concerned authority. 3.

Issue notice.

4.

Notice is accepted by learned counsel appearing for the respondent nos. 1 and 2.

5.

Learned counsel appearing for the respondent nos. 1 and 2, submits The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 21:18:12

that the property in question, was inspected on 17th April, 2025. She submits that the property has been booked for unauthorised construction on 17th April, 2025 itself. She further submits that requisite action shall be taken after hearing the owner/occupier of the property, i.e., respondent no. 3 herein.

6.

Accordingly, it is directed that the respondent no. 1/Municipal Corporation of Delhi ("MCD"), shall take appropriate action against the unauthorised construction after following due process of law. 7.

The respondent no. 3, i.e., the owner/occupier of the property in question shall be duly granted hearing in compliance with the Principles of Natural Justice.

8.

In case of any unauthorised construction, the MCD shall take action accordingly.

9.

The rights and contentions of the petitioner, as well as the owner/occupier of the property in question, are left open. 10.

In case, the petitioner is aggrieved by any non-action by respondent no. 1 /MCD, the petitioner is at liberty to approach the Special Task Force ("STF"), in that regard.

11.

Likewise, in case, the owner/occupier of the property in question is aggrieved by any order or action of the MCD, the said owner/occupier of the property, is at liberty to seek remedies, in accordance with law. 12.

With the aforesaid direction, the present petition is accordingly disposed of.

MINI PUSHKARNA, J APRIL 21, 2025/c The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 21:18:12