High Court of DelhiW.P.(C)/7754/2025

Neeraj Sahu v. Mcd & ORS.

2025-09-10Hon'Ble Ms. Justice Mini Pushkarna7 pages

$~39 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ NEERAJ SAHU .....Petitioner Through:

Mr. Deepak Agarwal, Adv. along with petitioner in person.

Mob: 9650335116

Versus

MCD & ORS.

.....Respondents Through:

Mr. Kapil Dutta and Mr. Siddharth Parashar, Advs. for R-MCD Mob: 9811135509 Email: kapilduttamcd@gmail.com Ms. Shivangi Kumar, Adv. for R1/MCD Mob: 8595244623 Email: shivangikumar@gmail.com Mr. Lalit Gupta and Mr. Divyansh Sharma for Ms. Chhaya Jain/Owner Advocate Mr. Kamal Jindal (Through VC) Mob: 9810355699 Email: lgadvocates@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 10.09.2025 1.

The present writ petition has been filed seeking directions to the respondent no. 1, i.e., Municipal Corporation of Delhi ("MCD"), to take action against the unauthorized construction existing in property bearing no. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4227, Chatta Gosai, Jogiwara, Nai Sarak, Delhi-110006, as constructed by respondent no. 4.

Learned counsel appearing for the MCD submits that this is the third round of litigation with respect to the property in question. He draws the attention of this Court to the order dated 21st August, 2025, passed in W.P(C) 5156/2025, titled as "Devender Bansal

Versus

Municipal Corporation of Delhi & Ors.", which was disposed of with the directions that requisite action shall be taken against the unauthorized construction existing in the property in question, in accordance with law. 3.

Subsequently, a second writ petition being W.P.(C) 12861/2025, titled as "Chhaya Jain Versus Municipal Corporation of Delhi", was filed by the owner of the property in question, wherein, the owner of the property in question submitted that existing deviations have already been removed. Thus, the said writ petition had been disposed of, with directions to the MCD to treat the said writ petition as a representation and take requisite action.

It is pointed out that the present writ petition is the third writ petition for the property in question.

Learned counsel appearing for respondent-MCD has handed over a copy of the counter affidavit filed yesterday, i.e., 09th September, 2025, which is taken on record.

In the said counter affidavit, the MCD has stated as follows: "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.

Perusal of the aforesaid counter affidavit shows that a Speaking Order has already been passed by the MCD, and the MCD having been satisfied, has dropped the proceedings under Section 343 and 344 (1) of the Delhi Municipal Corporation Act, 1957 ("DMC Act"), against the owner/occupier of the property in question. The Speaking Order dated 08th September, 2025, issued by the Office of the Executive Engineer (Bldg.)-I, City SP Zone, MCD, is 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.

At this stage, Mr. Lalit Gupta, learned counsel puts in appearance on behalf of the owner/occupier, i.e., Ms. Chhaya Jain, who is not a party in the present proceeding. He confirms the fact that all deviations have already The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

been removed to the satisfaction of the MCD.

Considering the aforesaid, no further orders are required to be passed in the present writ petition.

10.

The present writ petition is accordingly disposed of. MINI PUSHKARNA, J SEPTEMBER 10, 2025/SK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.