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High Court of DelhiW.P.(C)/7432/2025

Babli Davi v. Municipal Corporation Of Delhi And ORS

2025-05-27Hon'Ble Ms. Justice Mini Pushkarna2 pages

$~48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7432/2025 BABLI DAVI .....Petitioner Through:

Mr. Manish and Mr. Pawan, Advs.

versus MUNICIPAL CORPORATION OF DELHI AND ORS .....Respondents Through:

Mr. Ashish Tiwari, ASC WITH Mr.

Sahib Patel, Adv. for NDMC. Mob.

9971382986 email.

law.aashish@gmail.com Mr. Vikas Choprra, SC and Mr.

Neeraj Kumar, Adv. for MCD.

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 27.05.2025 1.

The present petition has been filed seeking directions to the respondent nos. 1 to 4 to take necessary action against the illegal and unauthorized construction activities being carried out by respondent no.5, i.e., owner/occupant of property bearing no. D-56, Gali No.3, Laxmi Nagar, Delhi- 110092, without any sanctioned/approved site plan. 2.

Responding to the aforesaid, learned counsel appearing for respondent nos. 1 to 3, i.e., Municipal Corporation of Delhi ("MCD"), on advanced notice, submits that the unauthorized construction in the property in question has already been booked and a Show Cause Notice dated 22nd May, 2025, has already been issued. He further submits that Work Stop Notice has also been issued.

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 22:43:39

3.

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

4.

The MCD as well as the Station House Officer ("SHO"), Police Station Lakshmi Nagar, are directed to ensure that no further unauthorized construction is carried out in the property in question and that in case of any ongoing construction, the same shall be stopped forthwith. 5.

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

6.

Likewise, in case the owner/occupier of the property in question is aggrieved by any action by the MCD, he has the liberty to seek remedies, as per law.

7.

Any action taken by the respondent-MCD, shall be uploaded on the website of the STF.

8.

With the aforesaid observations, the present petition, along with the pending application, is disposed of.

MINI PUSHKARNA, J.

MAY 27, 2025/neha 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 22:43:39