Mamta Sharma v. Municipal Corporation Of Delhi And ORS

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5274/2025 & CM APPL. 24025/2025 MAMTA SHARMA .....Petitioner Through:

Mr. Rohit Yadav, Mr. Manish Kumar, Mr. Pawan Kumar, Advocates versus MUNICIPAL CORPORATION OF DELHI AND ORS .....Respondents Through:

Ms. Kannopriya Gupta, Adv. for MCD Email:kannopriyagupta@gmail.com M:8447616105

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 24.04.2025

O R D E R

1.

The present writ petition has been filed seeking directions to respondent nos. 1 to 4, to take necessary action against the illegal and unauthorized construction activities being carried out by the respondent no. 5, being owner/occupant/builder and his associates in property bearing no. 115 A, Gali No.3, Lalita Park, Laxmi Nagar, Delhi-110092, without any sanctioned/approved site plan, and required permissions from the concerned authorities.

2.

Learned counsel appearing for the Municipal Corporation of Delhi ("MCD") on advance notice, submits that the property in question has already been booked for unauthorized construction and a Show Cause Notice dated 23rd April, 2025, has been issued for the unauthorized construction from the ground floor to fifth floor. 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 25/04/2025 at 17:32:28

3.

She further submits that a personal hearing has been fixed and the same is to be granted to the owner/occupier of the property in question on 08th May, 2025.

4.

Accordingly, it is directed that the MCD shall take requisite action against the unauthorized construction in accordance with law, after following the due process.

5.

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

6.

Likewise, if the owner/occupier of the property in question is aggrieved, in case any process of law is not followed by the respondent/MCD, he shall have the liberty to seek remedies, in accordance with law.

7.

Rights and contention of all the parties are left open. 8.

With the aforesaid directions, the present petition, along with the pending applications, is accordingly disposed of. MINI PUSHKARNA, J APRIL 24, 2025 au 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 25/04/2025 at 17:32:28