Aazad Ali v. Municipal Corporation Of Delhi & ORS.

$~16 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8134/2025 AAZAD ALI .....Petitioner Through:

Mr. D.V. Khatri, Mr. S.S. Khatri, Advocates.

versus MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through:

Mr. Rakesh Malhotra, Mr. Bharat Malhotra, Mr. Kushal Malhotra, Mr. Taksh Suri, Advocates for MCD.

Mr. Gaganmeet Singh Sachdeva, Mr. Harshpreet Singh C., Mr.

Hrideyh Khaana, Advocates for STF/DDA.

Mr. Avtaar Singh Deol, Advocate for UoI.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 30.05.2025 W.P.(C) 8134/2025 & CM APPL. 35500/2025 (stay) 1.

The petitioner has filed this petition seeking a direction to stop alleged illegal and unauthorised construction on agricultural land at khasra No. 18 situated in Village Mukundpur, Janta Vihar, Mukundpur, Delhi, and for action to be taken in this regard. 2.

It is stated that the petitioner has made complaints to the Special Task Force, which have not yet been addressed. W.P.(C) 8134/2025 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 19:41:52

3.

Learned counsel for the Municipal Corporation of Delhi ["MCD"], Delhi Development Authority ["DDA"], Government of National Capital Territory of Delhi ["GNCTD"], and police authorities appear on advance notice.

4.

Learned counsel for the MCD states that it has no jurisdiction over the subject land as the land is agricultural land vesting in the Gram Sabha land.

5.

At this stage, the writ petition, alongwith pending application, is disposed of with a direction upon the GNCTD to carry out an inspection and take necessary action in accordance with law, in the event any unauthorised construction is revealed. GNCTD may involve any other statutory authorities, if it considers it necessary, or appropriate. 6.

It is made clear that these directions are passed without prejudice to the rights and contentions of any other party, including the owners and occupants of the property, or those who have erected the alleged construction. Any action taken will be strictly in accordance with law, after completion of all statutory formalities and with due regard to the judgments of the Supreme Court, including inter alia in Re: Directions in the matter of demolition of structures [W.P. (C) 295/2022 and connected matters, decided on 13.11.2024].

7.

As no further orders are sought in the present petition at this stage, the writ petition is disposed of.

PRATEEK JALAN, J MAY 30, 2025 "Bhupi"/kb/ W.P.(C) 8134/2025 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 19:41:52