High Court of DelhiW.P.(C)/11121/2025

Syeda Ghazala Nizami v. The Commissioner Municipal Corporation Of Delhi & ORS.

2025-11-03Hon'Ble Ms. Justice Mini Pushkarna8 pages

$~34 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11121/2025, CM APPL.

45741/2025 & CM APPL.

59751/2025 SYEDA GHAZALA NIZAMI .....Petitioner Through:

Appearance not given.

versus THE COMMISSIONER MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through:

Mr. Rakesh Malhotra, Mr. Bharat Malhotra and Ms. Smritika Kesri, Advs.

Mr.

Mujeeb Ahmed, Adv.

for intervention application (Through VC) Mr. Puneet Yadav, SPC for R-4 (Through VC)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 03.11.2025 1.

The present writ petition has been filed seeking directions to respondent nos. 1 and 2, to take appropriate action against the unauthorized construction existing in the property bearing No. 121 (New)/ 51/1 (old), Basti Hazrat Nizamuddin, New Delhi-110013.

A Status Report dated 31st October, 2025 has been filed on behalf of respondent-Municipal Corporation of Delhi ("MCD"), relevant portions of which, are reproduced 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 shows that part action has already been taken by the MCD and that further action is now planned for 13th November, 2025.

Status Report dated 28th October, 2025 on behalf of respondent no. 3, i.e., Archaeological Survey of India ("ASI") has also been filed, relevant The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

portions of which, are reproduced as under:

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

As per the said Status Report, the ASI detected unauthorized construction activities in the property in question on 23rd July, 2025, pursuant to which Work Stop Notice dated 28th July, 2025, was also issued and a formal complaint was also lodged with the Station House Officer ("SHO"), Police Station, Hazrat Nizamuddin.

Further, Show Cause Notice dated 08th September, 2025 has also been issued by the ASI, thereby, directing removal of the unauthorized construction.

Considering the submissions made before this Court, the MCD with the assistance of the SHO, Police Station, Hazrat Nizamuddin, is enjoined upon to take requisite action against further unauthorized construction existing in the property in question.

This Court also records the submission of learned counsel appearing for the applicant in CM APPL. 59751/2025, who submits that various litigations are pending between the parties.

Needless to state the said litigations shall be decided by the respective Courts, in accordance with law.

10.

In case, any party is aggrieved by any action or non-action on the party of the MCD, their rights to seek remedies in accordance with law, is reserved.

11.

With the aforesaid directions, the present writ petition, along with the pending applications is accordingly, disposed of. MINI PUSHKARNA, J NOVEMBER 3, 2025/KR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.