Brijesh Kumar v. Govt. Of NCT Of Delhi & ORS.
$~71 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9481/2025 BRIJESH KUMAR .....Petitioner Through:
Mr. Mukesh Kumar Verma, Mr.
Vikas Bakshi, Advocates.
versus GOVT. OF NCT OF DELHI & ORS.
.....Respondent Through:
Mr. Siddhant Nath, SC with Mr.
Bhavishya Makhija, Mr. Amaan Khan, Advocates for MCD.
Mr. Lalit Gupta, Ms. Priyanshi Jain, Ms.
Ishita Nautiyal, Advocates for R-7.
Mr. Varun Vats, Advocate for R-4 and 6.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
O R D E R
% 10.07.2025 CM APPL. 40038/2025 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
W.P.(C) 9481/2025 1.
The petitioner has filed this petition under Article 226 of the Constitution, seeking directions in respect of the alleged illegal construction being carried out by respondent No. 7, Mr. Ramkesh Chaprana, in Khasra Nos. 701 and 702, Village Molarband, Near Central Bank, Jaitpur Road, New Delhi ["subject land"].
2. It is stated in the writ petition that respondent No. 7 is the brother of the petitioner, and that the petitioner has also filed a partition suit W.P.(C) 9481/2025 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 14/07/2025 at 13:29:51
[CS(OS) 876/2023] in respect of the subject land, which remains pending before this Court.
3. The Municipal Corporation of Delhi ["MCD"] and respondent No. 7 are represented on advance notice. Mr. Siddhant Nath, learned counsel for MCD, submits that the subject land has already been inspected, and unauthorised construction having, prima facie, been found, a show cause notice was issued to the owners/occupiers on 20.05.2025. MCD is in the process of hearing the owners/occupiers. Mr. Lalit Gupta, learned counsel for respondent No. 7, submits that respondent No. 7 has responded to the show cause notice and is participating in adjudication thereof. 4.
Having regard to the above, no orders are required in this writ petition. The writ petition is accordingly disposed of, leaving it to the MCD to take such action, in accordance with law, as may be appropriate. 5.
It is made clear that this Court has not made any observations with regard to the question of unauthorised construction, which is pending before the quasi-judicial authority. The rights and remedies of the parties remain expressly reserved.
6.
MCD is directed to act in strict conformity with all statutory formalities and in terms of the judgments of the Supreme Court in In Re: Directions in the matter of demolition of structures, [(2025) 5 SCC 1, decided on 13.11.2024], and Rajendra Kumar Barjatya & Anr. v. U.P. Avas Evam Vikas Parishad & Ors. [2024 SCC OnLine SC 3767, decided on 17.12.2024].
PRATEEK JALAN, J JULY 10, 2025"Bhupi/JM/KA/"/ W.P.(C) 9481/2025 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 14/07/2025 at 13:29:51