Shama Parveen v. Municipal Corporation Of Delhi And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6536/2025 & CM APPL. 29725/2025 SHAMA PARVEEN .....Petitioner Through:

Mr. Naushad Ahmed Khan, Advocate versus MUNICIPAL CORPORATION OF DELHI AND ORS.

.....Respondents Through:

Mr. Gyanendra Kumar, Advocate for MCD Mob: 9560505601 Mr. Shubham Sharma, Advocate for R-5 Mr. Tanveer Ahmed Ansari, SPC for Respondent no. 6

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 03.09.2025 1.

The present writ petition has been filed praying for directions to take action against the illegal and unauthorized construction being carried out by respondent nos. 2 to 5 on the fourth, fifth and sixth floor of the property in question, i.e., F-47, Street No. 10, West Jawahar Park, Laxmi Nagar, Shakarpur Baramad, East Delhi, Delhi - 110092. 2.

Status Report has been filed on behalf of the Municipal Corporation of Delhi ("MCD"), wherein, it is stated as follows: 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.

3.

Perusal of the aforesaid Status Report shows that it is the stand of the MCD that unauthorized construction in the shape of one room at fifth floor was booked by the department. Further, ground floor to fourth floor, are stated to be old and occupied.

4.

The MCD has already taken action against the unauthorized construction in the property in question.

5.

Per contra, learned counsel for the petitioner submits that other floors are also unauthorized.

6.

If that be the case, this Court notes the stand of the MCD that ground floor to fourth floor, are old and occupied.

7.

The questions raised before this Court by the petitioner would require trial.

8.

This Court cannot go into the disputed questions of facts. Thus, in case there is unauthorized construction existing in other portions of the building, the petitioner is at liberty to seek civil remedies in order to seek further directions in this regard.

9.

Needless to state that MCD shall ensure that no further unauthorized construction is carried out in the property in question. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

Noting the aforesaid, the present writ petition, along with pending application, is disposed of.

MINI PUSHKARNA, J SEPTEMBER 3, 2025/au The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.