Jamia Arabia Nizamia Welfare Education Society v. Municipal Corporation Of Delhi & ORS.

$~42 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8210/2025 & CM APPL. 35913/2025 JAMIA ARABIA NIZAMIA WELFARE EDUCATION SOCIETY .....Petitioner Through:

Mr.

Rakesh Lakra, Mr.

Bhavya Sharma, Advocates Mob: 7206155557 Email: bhavya@auriclaw.com versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through:

Mr. Kapil Dutta, Mr. Vansh Luthra, Advocates for MCD Mob: 9811135509 Email: kapilduttamcd@gmail.com Ms. Radhika Bishwajit Dubey, CGSC with Ms. Gurleen Kaur, Mr. Kritarth Upadhyay, Advocates and SI Sikander, PS Hazrat Nizamuddin for R-3 and R-4 Mob: 9026894805

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 30.05.2025 1.

The present writ petition has been filed seeking directions to the respondents to take immediate and urgent steps to stop illegal construction and demolish the unauthorized construction at Bunglow No. 10, Nizamuddin East, New Delhi - 110013.

2.

Per contra, learned counsel appearing for respondent no. 1 - Municipal Corporation of Delhi ("MCD"), submits that the petitioner's property is not in the vicinity of the property in question. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Thus, he submits that the petitioner has no locus to file the present writ petition.

4.

Learned counsel appearing for the said respondent further has handed over to this Court a letter dated 4th October, 2023, issued by the Archaeological Survey of India ("ASI"), thereby, granting permission for repair and renovation in the property in question. The said letter dated 4th October, 2023, as handed over by learned counsel appearing for the 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.

5.

Learned counsel appearing for respondent - MCD, submits that the complaint was made by the petitioner way back on 31st December, 2024, whereas, the present petition has been filed only now. 6.

Per contra, learned counsel appearing for the petitioner draws the attention of this Court to the letter dated 17th January, 2025, received from the ASI, wherein, it is stated that as per the available record, no permission for carrying out repair or renovation, has been issued with respect to the property in question.

7.

Learned counsel appearing for ASI submits that he shall take up the matter with the department, and assess the factual position. 8.

Accordingly, it is directed that the ASI shall consider its documents and shall also inspect the property in question. 9.

The ASI shall consider whether any permission has been granted by it for any renovation work, in the property in question. The ASI shall also upon inspection assess as to whether the renovation work carried out in the property in question, is in terms of the permission granted by the ASI. 10.

In case of any unauthorized construction having been carried out in the property in question, the ASI shall be at liberty to take action, in accordance with law, after following the due procedure. 11.

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

MINI PUSHKARNA, J MAY 30, 2025 ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.