Rishyab Infratech Pvt. Ltd. v. Municipal Corporation Of Delhi And ORS.

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6923/2025, CM APPL. 31372/2025 RISHYAB INFRATECH PVT. LTD.

.....Petitioner Through:

Mr.

Dinesh Monga, Mr.

Palak Agrawal, Advs.

Mob. 9810626750 Email. dejuris196@gmail.com versus MUNICIPAL CORPORATION OF DELHI AND ORS.

.....Respondents Through:

Ms. Arti Bansal, ASC with Ms. Sruti, Adv. for MCD Mob 9999442349 Email: artibansalassociates@gmail.com Mr. Rishabh Sahu, Sr. Panel Counsel with Mr. Sameer Sharma, Adv. for R3,4 Email: rishabh@sahulegal.com Mob. 9910055066

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 21.05.2025

O R D E R

CM APPL. 31372/2025 1.

Exemption is granted subject to all just exceptions. 2.

The application is disposed of.

W.P.(C) 6923/2025 3.

The present petition has been filed for directions to the respondent nos. 1 to 4 to take immediate action against the illegal construction being The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

carried out by respondent no. 5 at property bearing Khasra No. 576/2 (min), measuring 97 sq. yards, situated at Village Bahapur, New Delhi. 4.

Learned counsel appearing for respondent no.5 on advance service submits that there is a private dispute between the petitioner and respondent no. 5, on account of which, the present petition has been filed. 5.

Learned counsel appearing for respondent nos. 1 and 2/Municipal Corporation of Delhi ("MCD"), has handed over documents to this Court to submit that unauthorized construction is being carried out by respondent no. 5 in the property in question. She submits that the said property already stands booked on 13th May, 2025, and Show Cause Notice dated 13th May, 2025, has been issued in regard thereto. She further submits that a letter dated 15th May, 2025, has already been written to the Station House Officer ("SHO"), Police Station Amar Colony, to ensure that further unauthorized construction is stopped forthwith.

6.

Further, letters have also been written to the Delhi Jal Board, as well as the Electricity Department, for disconnection of the electricity and stoppage of water supply.

7.

The documents as submitted by learned counsel appearing for the MCD, are taken on record.

8.

Accordingly, since the unauthorized construction in the property already stands booked by the MCD, and the MCD has already initiated action with respect thereto, it is directed that the said action shall be taken by the MCD against the unauthorized construction after following the due process of law.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

The respondent no. 4, i.e., SHO, Police Station Amar Colony, is directed to ensure that no further unauthorized construction takes place in the property in question.

10.

In case, despite orders of this Court, any further unauthorized construction takes place in the property in question, the concerned Officers of the MCD and SHO, Police Station Amar Colony, shall be held personally responsible for the same.

11.

In case, the respondent no. 5 is aggrieved by any action being taken by the MCD, which is not as per law, the respondent no.5 will be at liberty to seek its legal remedies, in accordance with law. 12.

All rights and contentions of respective parties on merits are kept open.

13.

In view of the aforesaid, no further directions are required to be passed by this Court.

14.

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

MINI PUSHKARNA, J.

MAY 21, 2025/neha The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.