High Court of DelhiW.P.(C)/7496/2025

Manju Khanna v. Muncipal Corporation Of Delhi And ORS.

2025-10-15Hon'Ble Ms. Justice Mini Pushkarna13 pages

$~13 & 14 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6920/2025 & CM APPL. 59400/2025 PANKAJ JAIN .....Petitioner Through:

Mr. Ankit Jain, Sr. Adv. with Mr.

Shailesh Tiwari, Adv.

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

Mr. Mukesh Gupta, SC for MCD with Mr. Sachin Singh Shahi, Mrs. Shashi Gupta, Mr. Arnav Gupta and Ms.

Jasleen Kaur, Advs. for R-MCD.

Mob: 6398396980 Email: guptaadvocate@yahoo.in Ms. Arti Bansal CGSC-UOI with Ms.

Shruti Goel, Adv. for R-3/DP Mob: 9999442349 Email:

artibansalassociates@gmail.com Mr.

Mohit Mathur, Mr.

Sandeep Sharma and Mr. Samrat Nigam, Sr.

Advs. with Mr. Kunal Malhotra, Ms.

Chandrika Gupta, Mr.

Amit Choudhary, Mr. Harsh Gautam, Ms.

Anchal Khanna, Ms. Ridhi Khanna, Mr. Mayank Sharma, Mr. Vignesh R.

and Ms. Arpita Rawat, Advs. for R-5 and R-5.

Mob: 9899194609 Email: kunalmalhotra15@gmail.com + W.P.(C) 7496/2025 & CM APPL.

33534/2025, CM APPL.

65192/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

MANJU KHANNA .....Petitioner Through:

Mr.

Mohit Mathur, Mr.

Sandeep Sharma and Mr. Samrat Nigam, Sr.

Advs. with Mr. Kunal Malhotra, Ms.

Chandrika Gupta, Mr.

Amit Choudhary, Mr. Harsh Gautam, Ms.

Anchal Khanna, Ms. Ridhi Khanna, Mr. Mayank Sharma, Mr. Vignesh R.

and Ms. Arpita Rawat, Advs.

Mob: 9899194609 Email: kunalmalhotra15@gmail.com versus MUNCIPAL CORPORATION OF DELHI AND ORS.

.....Respondents Through:

Mr. Manu Chaturvedi, SC for MCD.

Mob: 9315827955 Email: manuchaturvedi@gmail.com Mr. Ankit Jain, Sr. Adv. with Mr.

Shailesh Tiwari, Adv. for R-11.

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 15.10.2025 1.

The present writ petitions have been filed seeking directions to respondent to take action against the unauthorized and illegal construction in property Nos. 16/866 and 16/867, Khasra No. 590/394, Joshi Road, Opposite Lane No. 4, Karol Bagh, New Delhi-110005. 2.

Learned counsel appearing for the Municipal Corporation of Delhi ("MCD") in W.P.(C) 6920/2025, has drawn the attention of this Court to the Status Report filed on behalf of the MCD in W.P(C) 6920/2025, relevant portion of which, are reproduced as under:

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

"xxx xxx xxx 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.

Perusal of the aforesaid Status Report shows that the MCD has already initiated action against the property in question. As regards the issue of misuse, one time conversion charges and parking charges, as well as the penalty charges and registration charges, for an area of 18.58 square meters on the ground floor of property No. 16/866 already stand paid. The only issue which now remains is with regard to unauthorized construction, for which, Show Cause Notices have already been issued by the MCD. 4.

As regards W.P.(C) 7496/2025, learned counsel appearing for the MCD has drawn the attention of this Court to the Status Report filed on behalf of the MCD in W.P.(C) 7496/2025, relevant portions of which, are extracted as below:

"xxx xxx xxx 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.

Perusal of the aforesaid Status Report clearly shows that though there is a Sanction Building Plan with respect to property No. 16/867, however, the MCD has now issued notices for revocation of the said Sanction Building Plan.

The proceedings with regard thereto are pending, owing to which, the MCD has already issued a Work Stop Notice to the local police to ensure that no further construction is carried out in the said property No. 16/867. 7.

Mr. Ankit Jain, learned Senior Counsel appearing for the petitioner in W.P.(C) 6920/2025 and for respondent no. 11 in W.P.(C) 7496/2025, submits that since there is a Sanction Building Plan in favour of his client, i.e., Mr. Pankaj Jain, merely because a notice has been issued for revocation of the said Sanction Building Plan, the same cannot be a ground for not allowing Mr. Pankaj Jain to carry out further construction. 8.

However, this Court takes note of the submissions made by learned The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

counsel appearing for the MCD that since the proceedings with regard to revocation of the Sanction Building Plan are pending before it, a Work Stop Notice has already been issued in that regard. 9.

Accordingly, since the MCD is already hearing Mr. Pankaj Jain, as regards the revocation of the Sanction Building Plan, there is no occasion for carrying out any further construction pending the said proceedings. 10.

At this stage, Mr. Mohit Mathur, learned Senior Counsel appearing for the petitioner in W.P.(C) 7496/2025, submits that Mr. Pankaj Jain is still carrying out construction despite issuance of the said Work Stop Notice. 11.

Considering the submissions made before this Court, since a Work Stop Notice has already been issued by the MCD to the local police and considering the fact that the proceedings with respect to revocation of the Sanction Building Plan is pending before the MCD, it is directed that till pendency of the said proceedings, no further construction shall be carried out in the concerned property.

12.

Needless to state, any further action by the MCD shall be taken only after following the due procedure and in accordance with law. 13.

In case, any parties are aggrieved by any order passed by the MCD or any action being undertaken by the MCD, their right to seek remedies in accordance with law, is reserved.

14.

With the aforesaid directions, the present petitions, along with the pending applications, are accordingly disposed of. 15.

The next date of 25th November, 2025 stands cancelled. MINI PUSHKARNA, J OCTOBER 15, 2025/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.