Babita Pal v. South Delhi Municipal Corporation And ANR.

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10026/2019 & CM APPL. 41491/2019 BABITA PAL .....Petitioner Through:

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

H.S. Sodhi, Mr. Praveen Pandey and Mr. Rishabh Jain, Advs.

M: 8218243622 Email:

advpandey.praveen@gmail.com versus SOUTH DELHI MUNICIPAL CORPORATION AND ANR.

.....Respondents Through:

Mr. Mir Akhtar Hussain, Adv. (R-4 in person) (Through VC) Mr. Karan Sharma, SC with Mr.

Mohit Siwach, Adv.

M: 9999777847 Email: karan.sh70@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 28.03.2025 1.

The present writ petition has been filed for directing respondent no.1 Municipal Corporation of Delhi ("MCD"), to demolish the unauthorized construction existing on the property bearing no. D-52B, Indira Enclave, Neb Sarai, New Delhi.

2.

Learned Senior Counsel appearing for the petitioner submits that unauthorized construction exists in the property in question, which is owned by the petitioner.

3.

He further submits that respondent no. 2 herein, is wrongly claiming W.P.(C) 10026/2019 Page 1 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

to be the owner of the property in question and has filed a suit being CS(OS) 1949/2011, thereby, challenging the ownership of the petitioner in respect of the property in question.

4.

Attention of this Court has been drawn to the Status Report filed on behalf of the MCD, wherein, it has been stated as follows: "xxx xxx xxx W.P.(C) 10026/2019 Page 2 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

W.P.(C) 10026/2019 Page 3 of 5 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"

5.

It is pointed out that the sealing action was taken on 04th April, 2018, and second, third and fourth floor of the property in question was sealed by affixing seals at two points at respective entrance gates of each flats at second floor.

W.P.(C) 10026/2019 Page 4 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

However, learned Senior Counsel appearing for the petitioner draws the attention of this Court to the fact that despite the sealing action taken by the MCD, the seals affixed by the MCD, have been tampered with. 7.

At the outset, learned Senior Counsel appearing for the petitioner submits that he does not press the petition against the respondent no. 4, in view of the averments made in the counter affidavit. 8.

This Court notes that since there is civil dispute pending between the petitioner and respondent no. 2 with respect to ownership of the property, this Court will not be a party to any private lis between the petitioner and respondent no. 2.

9.

However, in view of the fact that action has already been initiated by the MCD, it is directed that the MCD shall take appropriate action against the unauthorized construction existing in the property in question, in accordance with law.

10.

Further the matter is referred to the Special Task Force ("STF"), constituted by the Supreme Court.

11.

The action taken by the MCD against the unauthorized construction, shall be duly updated on its website, by the STF. 12.

In case the petitioner has any grievance with respect to any non-action as regards any unauthorized construction, the petitioner is at liberty to approach the STF in that regard.

13.

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

MINI PUSHKARNA, J MARCH 28, 2025/kr W.P.(C) 10026/2019 Page 5 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.