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High Court of DelhiW.P.(C)/6645/2025

Naveen Kumar v. Municipal Corporation Of Delhi & ANR.

2025-05-19Hon'Ble Ms. Justice Mini Pushkarna2 pages

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6645/2025 & CM APPL. 30172/2025 NAVEEN KUMAR .....Petitioner Through:

Mr. Sharad Malhotra, Adv.

(M: 9953018022 Email: malhotrasharad2@gmail.com versus MUNICIPAL CORPORATION OF DELHI & ANR.

.....Respondents Through:

Mr.

Rakesh Malhotra, Advocate (M:9810239071)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 19.05.2025

O R D E R

1.

The present writ petition has been filed praying for directions to the respondent no. 1 to take necessary action for restraining the unauthorized construction in the property no. 16B/26, Dev Nagar, Karol Bagh, New Delhi-110005.

2.

Learned counsel for the petitioner submits that the construction was sanctioned only till third floor, however, construction has been done till 5th Floor.

3.

Per contra, learned counsel for respondent/Municipal Corporation of Delhi ("MCD"), on instructions, submits that construction in the property is, as per the sanctioned building plan.

4.

He draws the attention of this Court to the reply provided by the Public Information Officer ("PIO"), MCD to the application of the petitioner under the Right to Information Act, 2005 ("RTI Act"), which has been 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 19:58:44

placed on record. As per the said RTI reply dated 17th January, 2025, the plan was sanctioned for construction in the plot in question, from basement, stilt, from ground floor to third floor.

5.

Learned counsel for respondent/MCD also draws the attention of this Court to the photographs attached along with the present petition to submit that the construction is as per the sanctioned building plan. 6.

Learned counsel for respondent/MCD further submits that the construction has already been completed and a Completion Certificate has also been issued.

7.

In view of the aforesaid submissions made by learned counsel for respondent/MCD, no orders are required to be passed by this Court. 8.

Accordingly, the present petition, along with the pending application, is disposed of.

MINI PUSHKARNA, J MAY 19, 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 01/07/2025 at 19:58:44