High Court of DelhiW.P.(C)/9216/2025

Ashish Kumar Gupta & ANR. v. Municipal Corporation Of Delhi & ORS.

2025-09-19Hon'Ble Ms. Justice Mini Pushkarna8 pages

$~77 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ASHISH KUMAR GUPTA & ANR.

.....Petitioners Through:

Mr. J.K. Sharma with Mr. Sachin Tanwar and Mr. Vinayak Sharma, Advocates.

Petitioner No.1 present in person.

Mob. 9868410873 Email :

jksharmaadvocate@gmail.com versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through:

Mr. Gyanendra Kumar, Advocate for MCD.

Mob. 9560505601 Email : gyangra@gmail.com Mr. Yugansh Mittal with Mr. Keshav Poonia, Advocates for R-4 & 5.

Mob. 9911256665 Email : 172dhc@gmail.com Ms. Avni Singh, Panel Counsel with Mr. Abhimanyu Kapoor, Advocate for GNCTD.

Mob. 9958018998 Email : legal.avni@gmail.com Mr. Gaganmeet Singh Sachdeva with Mr. Hridyesh Khanna and Mr.

Harshpreet Singh Chadha, Advocates for DDA.

Mob. 9582055425 Email : gaganmeet3@gmail.com The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 19.09.2025 1.

This writ petition has been inter alia filed seeking directions to demolish the unauthorized construction at First Floor of DDA SFS Flat Number B-176, Pocket-B, Mount Kailash, East of Kailash, New Delhi110065. 2.

Learned counsel appearing for respondent nos. 4 and 5, submits that the present writ petition has been filed since the petitioners have personal disputes with respondent nos. 4 and 5, as the petitioners had intended to purchase the property in question from respondent nos. 4 and 5. He further submits that petitioners stay in Kailash Colony, which is approximately one and a half kilometer away from the property of respondent nos. 4 and 5. 3.

Thus, learned counsel appearing for the respondent nos. 4 and 5 submits that the present writ petition has been filed with a view to settle personal scores with respondent nos. 4 and 5. 4.

Learned counsel appearing for the respondent no. 1-Municipal Corporation of Delhi ("MCD") draws the attention of this Court to the Status Report dated 13th September, 2025, filed on its behalf, the relevant portions of which, read as under:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Perusal of the aforesaid Status Report file on behalf of the MCD clearly shows that the MCD has passed the Demolition Order dated 12th September, 2025. Further, it is submitted that requisite action shall be taken by the MCD, in accordance with law.

At this stage, learned counsel appearing for respondent nos. 4 and 5 submits that he has received the Demolition Order only yesterday, i.e., 18th September, 2025 and that he shall be challenging the same. He further submits that he has already written a letter today, i.e., 19th September, 2025 to the MCD, bringing to notice of the MCD with regard to the various orders passed by this Court.

Without commenting on the private disputes between the petitioners and respondent nos. 4 and 5, and other prayers which are sought by the petitioners in the present case, since the MCD has already initiated requisite action against the property in question, it is directed that the MCD shall take action against the unauthorized construction, in accordance with law. 8.

However, the rights of respondent nos. 4 and 5 to seek their legal remedies in accordance with law, is reserved. 9.

Needless to state that the petitioners are free to seek its civil remedies for the other prayers made in the present writ petition. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

Accordingly, no further orders are required to be passed in the present writ petition. The present writ petition is accordingly disposed of. MINI PUSHKARNA, J SEPTEMBER 19, 2025 Yk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.