Gopal Das Renwal And ORS. v. Municpal Corporation Of Delhi And ORS

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9312/2025 & CM APPL. 39358/2025 GOPAL DAS RENWAL AND ORS.

.....Petitioners Through:

Mr. Dhruv Tiwari, Advocate (M:9717572536) Email:advdhruvtiwari@gmail.com versus MUNICIPAL CORPORATION OF DELHI AND ORS.

.....Respondents Through:

Mr. Harshit Chopra, Advocate for MCD (M:9911543883) Mr. Bhagwan Swarup Shukla, CGSC with Mr. Praveen Gupta, Mr. Yash Baraliya, Advocates (M:9910483635) Mr.

Shashi Pratap Singh, Ms.

Aishwarya Bhatia, Advocates for R-3

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 04.08.2025 1.

The present petition has been filed seeking directions with regard to the unauthorized construction at the terrace of the third floor, at the property bearing no. 302-B, Sant Nagar, East of Kailash, New Delhi-110065. 2.

Learned counsel for respondent no. 1-Municipal Corporation of Delhi ("MCD") draws the attention of this Court to the Status Report dated 01st August, 2025, filed on behalf of the MCD, wherein, it has been stated as follows:

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3. That so as to ascertain the status of the subject property i.e. at the terrace of 3rd Floor, at 302-B, Sant Nagar, East of Kailash, New Delhi-110065, the same has been got inspected through area field The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

staff of Building Department-I of South Zone - MCD and also referred to the record maintained and available with the department. On inspection and referring to the record, the status of the actions initiated/taken in respect of the subject property, are detailed herein below:

i.

As per record, this property is stands booked for unauthorized construction vide U/c file No. 140/UC/B1/SZ/2025 dated 11/06/2025 in the shape of raising columns and brick walls at Fourth floor (Basement, Ground floor to Third floor existing and occupied), for taking the necessary demolition action u/s 343/344 of DMC Act. Upon following the due process of law, the necessary demolition order also stands passed by the Competent Authority i.e. the Assistant Engineer (Bldg)-I of South Zone - MCD vide dated 24/06/2025. Copy of demolition order is annexed herewith as Annexure-A.

ii.

Furthermore, letters dated 03/06/2025 and 13/06/2025 u/s 344 (2) of the DMC Act-1957 have also been sent to SHO, PS. Amar Colony, New Delhi with the request that the said unauthorized construction be stopped immediately and workmen present at site/property in, question be removed and construction material including the tools, machinery, etc. be seized. Copy of letters as sent in this regard, are also annexed as Annexure - B (Colly).

4. That pursuant to aforesaid demolition order already passed in respect of the subject property, the Building Department-I of South Zone - MCD has undertaken the necessary demolition action vide dated 23/07/2025 and upon availability of police force, demolished the brick walls and RCC columns raised at Fourth floor completely and iron reinforcement of columns also cut down with the help of gas cutter and rendered the same beyond use. Photographs taken during the aforesaid demolition action are annexed herewith as Annexure -C (Colly).

5. That after taking the aforesaid demolition action, a letter dated 28/07/2025 has also been sent concerned, SHO PS Amar Colony, New Delhi with the request to direct the patrolling staff to keep strict watch and ward over the subject property so that the demolished portion may not be restored/repaired. Copy of the said letter is also annexed herewith as Annexure -D.

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

3.

Learned counsel for respondent no.1-MCD submits that complete action for demolition has been taken, and that no further action is needed to be taken on behalf of the MCD.

4.

Noting the aforesaid Status Report filed on behalf of the MCD, and the statement made by learned counsel for respondent no.1-MCD, no further orders are required to be passed in the present petition. 5.

The present writ petition, along with the pending applications, is accordingly disposed of.

MINI PUSHKARNA, J AUGUST 4, 2025/au The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.