Shaikh Zakir v. Municipal Corporation Of Delhi & ORS.

$~15 * IN THEHIGH COURTOF DELHIAT NEW DELHI + W.P.(C) 9498/2025 & CM APPL. 40085/2025 SHAIKH ZAKIR .....Petitioner Through:

Mr. Amit Srivastava and Ms. Uzma, Advocates (Through VC).

versus MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through:

Mr. G.S. Oberoi, Standing Counsel along with Mr. A. Sharma, Mr. J.S.

Oberoi, Advocates for MCD.

Mr. Sharique Hussain, Advocate for R-4.

Mr. Prabhsahay Kaur, SC along with Mr. Bir Inder Singh G., Advocates.

Ms. Srishti Sharma, Mr. Adnan Saifi, Mr. Burhan Zaki, Mohd. Asim, Mr.

Abdul Kadir Saifi and Mohd. Fuzial, Advocate for R-6.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 28.01.2026 1.

The present writ petition has been filed seeking directions to respondents no. 1 to 4 to immediately take action against the illegal and unauthorised construction raised by respondent no. 5 at the property bearing no. P-213, L-type, admeasuring 150 sq. yds., part of Khasra No. 308. Madarsa Masjid Lane. P-Block. Batla House. Jamia Nagar Okhla New W.P.(C) 9498/2025 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 31/01/2026 at 14:48:44

Delhi.

2.

Subsequently, an impleadment application was filed on behalf of the residents of the said property, which was allowed by this Court vide order dated 26th August, 2025.

3.

A status report has been filed on behalf of the respondent/MCD on 16th September, 2025 wherein it is stated that a show cause notice dated 27th June, 2025 was issued to the owners/occupiers of the ground floor to the 5th floor of the said property and a personal hearing was granted on 14th July, 2025.

4.

Pursuant to the personal hearing granted, a demolition order was passed on 12th September, 2025.

5.

It is stated that the said order has been challenged by the owners/occupiers of the said buildings before the Appellate Tribunal, MCD ('ATMCD') and vide order dated 17th October, 2025, an interim stay has been granted in favour of the owners/occupiers being the applicants. 6.

In view thereof, since ATMCD is seized of the dispute which is subject matter of the present writ petition, no further orders can be passed in the present writ petition and the same stands disposed of. 7.

Consequently, all pending applications stand disposed of. AMIT BANSAL, J JANUARY 28, 2026 mk W.P.(C) 9498/2025 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 31/01/2026 at 14:48:44