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High Court of DelhiW.P.(C)/8680/2025

Sushil Khatter & ORS. v. Municipal Corporation Of Delhi & ORS.

2025-09-17Hon'Ble Ms. Justice Mini Pushkarna2 pages

$~5 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM APPL. 71714/2025 IN W.P.(C) 8680/2025 SUSHIL KHATTER & ORS.

.....Petitioners Through:

Mr.

Karan Chibber, Advocate (through VC) versus MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through:

Mr. Bharat Malhotra and Ms. Gayatri Bhatia, Advocates for MCD.

Mr. Satya Ranjan Swain and Mr.

Kautilya Birat, Advocates for R-2.

Mr.

Sharique Hussain and Ms.

Vasudha Arora, Advocates for R-3.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 22.04.2026 1.

The present writ petition had been filed seeking directions to the respondent no.1/ MCD for taking action against the illegal and unauthorized construction taking place at property bearing no. 1032, Ward No. 8, Mehrauli, Delhi-110030 (hereinafter 'subject property'). 2.

It is submitted that the petitioners are the owners of immediate neighbouring properties to the subject property. It is further submitted that illegal construction has been carried out in the subject property by respondent no.4. Further, there is a grave apprehension that the said illegal structure may collapse due to poor construction and damage the properties W.P.(C) 8680/2025 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 25/04/2026 at 13:22:20

of the petitioners and other people.

3.

The writ petition was disposed of vide order dated 17th September, 2025 directing the respondent no.1/ MCD to take action against the unauthorized construction and also to ensure that no further unauthorized construction is carried out in the subject property. 4.

C.M. APPL. 71714/2025 was filed on behalf of the petitioner to revive the present petition stating that despite the orders passed by this Court, unauthorized construction has continued in the subject property. 5.

Pursuant to the orders passed by this Court on 17th November, 2025 and 9th March, 2026 in C.M. APPL. 71714/2025, Action Taken Reports have been filed on behalf of respondent no.1/ MCD on 6th March, 2026 and 18th April, 2026 respectively.

6.

In the said reports filed on behalf of the respondent no.1/MCD, it is stated that demolition action was taken against the subject property on 16th September, 2025 and 10th March, 2026. The property has also been re-sealed on 10th March, 2026 and a communication has been sent to SHO, P.S. Mehrauli to keep a strict watch and ward over the subject property so that the demolished portion is not restored/ repaired and the seals affixed by the MCD are not tampered with.

7.

In view thereof, the present application is disposed of while directing the respondent no.1/ MCD as well as SHO, P.S. Mehrauli to ensure that no further construction is carried out in the subject property and that the seal placed by the respondent no.1/ MCD is not tampered with in any manner. AMIT BANSAL, J APRIL 22, 2026 Vivek/- W.P.(C) 8680/2025 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 25/04/2026 at 13:22:20