Sheelawati v. Ashwani Kumar Municipal Corporation Of Delhi

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 953/2025 SHEELAWATI .....Petitioner Through:

Mr. Shiv Ram Sharma, Advocate.

versus ASHWANI KUMAR MUNICIPAL CORPORATION OF DELHI .....Respondent Through:

Mr. Vikramaditya Singh, Adv. for MCD / R-1

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 18.07.2025 CM APPL. 39100/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application is accordingly disposed of.

CONT.CAS(C) 953/2025 1.

This petition alleges willful disobedience of order dated 12th March 2025, passed in W.P (C) 3135/2025 by this Court. 2.

The issue relates to unauthorized construction on property bearing no. Khasra No. 83/25/1, Village Karala, admeasuring 162 sq. yards, Delhi ('subject property').

3.

The writ petition was disposed of, taking on record submission of Mr. Vikramaditya Singh, counsel for MCD, that unauthorized construction has been found and necessary action will be taken in accordance with law. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Mr. Vikramaditya Singh, counsel appears for the MCD and further states that action was taken on the same day, i.e., on 12th March 2025, and the revert was obtained from occupant of the property on 18th March 2025; however, no sanction plan was found on enquiry. 5.

Demolition notices were issued on 11th April 2025. 6.

The occupant filed an appeal against the demolition on 28th May 2025 before the Appellate Tribunal, Municipal Corporation of Delhi, which is still pending.

7.

As a comparison, the petitioner's counsel highlights the following photos of the area prior to the construction, followed by photos showing the development that has progressed, and the space is occupied: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

In these circumstances, the MCD shall seek early hearing from the ATMCD in order that issue can be resolved, considering that this construction seems to be on public land with no sanction plan. 9.

Considering that there is no adverse order by the ATMCD, the MCD is well advised to proceed further in this regard; however, since the matter is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

pending before the ATMCD, this Court considers it fit that MCD points out our order to ATMCD in order that an earlier date may be given so that a decision can be rendered.

10.

Petition is, therefore, disposed of with the right to petitioner to revive it, in case they find any infraction.

11.

Copy of the order be given 'dasti' under the singnature of the Court Master.

12.

Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 18, 2025/RK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.