Vijay Kumar Aggarwal v. The Commissioner, Municipal Corporation Of Delhi & ORS.

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22nd September.2025 + W.P.(C) 6454/2025 VIJAY KUMAR AGGARWAL .....Petitioner Through:

Mr. Pawas Agarwal, Advocate M: 8447810160 versus THE COMMISSIONER, MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through:

Mr. Tushar Sannu, SC for MCD with Mr. Pravin Bansal, Advocate and Mr.

Vishal Ji, Advocate Mob: 9911991166 Mr. Pramod Gupta, Advocate for R-2

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (Oral) 1.

The present writ petition has been filed seeking directions to the respondent no. 1 to take action against the illegal construction in the front set back, i.e., shops on the ground floor, and the rear set back of the property bearing no. G-21/5, Rajouri Garden, New Delhi-110027, raised by respondent nos. 2 and 3.

2.

This Court notes that a Status Report dated 26th August, 2025, has been filed on behalf of the Municipal Corporation of Delhi ("MCD"), wherein, it is stated as follows:

"xxx xxx xxx

"

3.

Perusal of the aforesaid Status Report shows that the property in question has been sealed on 03rd June, 2025. It further shows that respondent no. 2, i.e., Naveen Talwar, has filed an appeal before the Appellate Tribunal MCD ("ATMCD").

4.

At this stage, learned counsel appearing for respondent no. 2 submits that the said appeal filed before the ATMCD has already been withdrawn, on the assurance of the MCD that the property in question shall be desealed, in order to allow the respondent no. 2 to carry out the requisite action

for removing the non-compoundable portions of the construction, in the property in question.

5.

Learned counsel appearing for respondent no. 2 has drawn the attention of this Court to the letter dated 23rd July, 2025, written on behalf of respondent no. 2, which is reproduced as under:

6.

By referring to the aforesaid letter, learned counsel appearing for respondent no. 2 submits that the respondent no. 2 is ready to remove and demolish any construction in the property in question, which is unauthorized and non-compoundable.

7.

He submits that the construction in the property in question, which is

compoundable in nature, may be regularized by the MCD. 8.

This Court is informed that respondent no. 3, i.e., Smt. Rita Arora, has sold the property in question to a third party, i.e., namely, Ms. Kulvinder Kaur, in respect of whom, another appeal is pending before the ATMCD tomorrow, i.e., 23rd September, 2025.

9.

Having heard the learned counsels appearing for the parties and considering the submissions made before this Court, the MCD is directed to consider the case of respondent nos. 2 and 3, for de-sealing of the property in question.

10.

Respondent nos. 2 and 3 shall given an undertaking before the MCD that they shall remove the non-compoundable deviations from the property in question.

11.

Accordingly, respondent nos. 2 and 3 are directed to appear before the concerned official of the MCD, i.e., Deputy Commissioner, West Zone, MCD, on Friday, i.e., 26th September, 2025 at 11:00 AM. 12.

Upon respondent nos. 2 and 3 appearing before the Deputy Commissioner, West Zone, MCD, the respondent nos. 2 and 3 shall be indicated as to the extent of construction in the property in question, which cannot be compounded. If need be, directions would be given to the respondent nos. 2 and 3 to apply for regularization of the existing construction as per the rules and norms of the MCD, in the format as prescribed for the said purpose.

13.

Upon the MCD indicating to respondent nos. 2 and 3 as regards the non-compoundable deviations existing in the property in question, the respondent nos. 2 and 3 shall carry out the requisite demolition of the noncompoundable portions in the property in question.

14.

After the non-compoundable deviations have been removed by respondent nos. 2 and 3, the MCD shall inspect the property. 15.

In case, the MCD is satisfied that the non-compoundable deviations have been removed by the respondent nos. 2 and 3, the MCD shall proceed to pass appropriate orders with regard to regularization of the property of respondent nos. 2 and 3, if everything else is in order. 16.

Further, it is directed that in case, the non-compoundable deviations are not removed by the respondent nos. 2 and 3, the MCD shall be at liberty to take requisite action, in accordance with law. 17.

With the aforesaid directions, the present writ petition is accordingly disposed of.

MINI PUSHKARNA, J SEPTEMBER 22, 2025 ak