Karan Mehar v. Special Task Force & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10727/2025 KARAN MEHAR .....Petitioner Through:

None.

versus SPECIAL TASK FORCE & ORS.

.....Respondents Through:

Mr. M.S. Oberoi, Standing CounselMCD with Mr. Deepak Tyagi, AE Ms. Arit Bansal, Ms. Shruti Goel, Advocates for DDA

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 07.08.2025 1.

The present writ petition has been filed seeking directions to respondent nos. 1 and 2 to take action against the illegal and unauthorized construction being raised by respondent no. 3 at the property bearing no. 4231, Gali No. 63, Basti Reghar Pura, Karol Bagh, New Delhi-110005. 2.

Learned counsel for respondent nos. 1 and 2, on advance notice draws the attention of this Court to the order dated 28th May, 2025, passed by this Court in W.P.(C) 7677/2025, titled as Karan Mehar Versus Municipal Corporation of Delhi & Anr.

3.

It is submitted that for the same property, i.e., subject matter of the present writ petition, an earlier writ petition, as aforesaid, was filed by the petitioner, which has already been disposed of by this Court. 4.

Thus, it is submitted that with respect to the same property, the present petition has been filed before this Court, which is an abuse of process of law. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

None appears for the petitioner when the matter is called out. 6.

This Court takes note of the fact that vide order dated 28th May, 2025 passed in W.P.(C) 7677/2025, it had been directed as follows: "1. The present writ petition has been filed seeking directions to respondent no. 1/Municipal Corporation of Delhi ("MCD"), to take action against the illegal and unauthorized construction being raised at the property bearing no. 4231, Gali No. 63, Basti Reghar Pura, Karol Bagh, New Delhi- 110005.

2. Responding to the present writ petition, learned counsel for respondent no. 1/MCD, submits that the construction in the property in question, is being carried out in terms of the sanctioned Building Plan, taken under the Saral Scheme of the MCD.

3. Per contra, learned counsel for the petitioner submits that there are deviations in the property in question.

4. Accordingly, MCD is directed to inspect the property in question. In case, any deviations from the sanctioned Building Plan are found, requisite action shall be taken by the MCD, after following the due process of law.

5. In case the petitioner is aggrieved by any non-action on the part of the MCD, the petitioner is at liberty to approach the Special Task Force ("STF"), as constituted by the Supreme Court, in terms of the orders passed by the Division Bench of this Court in the case of Devender Versus Govt. of NCT of Delhi and Ors., in W.P.(C) 1807/2018 and Fazruddin Versus DDA and Ors. in W.P.(C) 4649/2017.

6. In case the owner/occupier of the property in question has any grievance against the action taken by the MCD, he is at liberty to seek his remedies, in accordance with law.

7. Needless to state that rights and contentions of all the parties are left open.

8. With the aforesaid directions, the present petition is disposed of." 7.

Learned counsel for the Municipal Corporation of Delhi ("MCD") has handed over a copy of the Status Report, which is taken on record. 8.

As per the Status Report filed on behalf of the MCD, unauthorized construction carried out in the property in question has already been booked The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

on 30th July, 2025 and a Show Cause Notice dated 30th July, 2025 has been issued.

9.

This Court records the statement of learned counsel for the MCD that further action shall be taken in due course and as per law. 10.

The MCD is held bound by its statement.

11.

Considering the fact that with respect to the same property, directions have already been issued by this Court and that the MCD has booked the property in question and commenced its action thereto, there was no occasion for the petitioner to file a second petition with respect to the same property.

12.

This is clearly a misuse and abuse of process of law. However, this Court is refraining from passing any further order against the petitioner, except cautioning the petitioner to be careful in future. 13.

It is directed that a time bound action shall be taken against the unauthorized construction existing in the property in question. 14.

With the aforesaid directions, the present petition is accordingly disposed of.

MINI PUSHKARNA, J AUGUST 7, 2025/au The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.