High Court of DelhiW.P.(C)/11169/2025

Chitra Mehta & ANR. v. Municipal Corporation Of Delhi & ORS.

2025-09-19Hon'Ble Ms. Justice Mini Pushkarna9 pages

$~78 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11169/2025 & CM APPL.

45824/2025, CM APPL.

58987/2025, CM APPL. 58988 /2025 CHITRA MEHTA & ANR.

.....Petitioners Through:

Mr. Abhishek Singh, Mr. J.Amal Anand, Mr. Elvin Joshy, Ms. Shivani Kalra, Mr. K.V. Vibu Prasad, Mr.

Utkarsh Sahu and Mr. Ayush Soni, Advs.

Mob: 9910291290 Email: advocate@lai_law.com versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through:

Mr. Bharat Malhotra, Adv. for RMCD Mob: 8447151507 Email: bharatmal2@gmail.com Mr. Shashi Pratap Singh, Ms.

Aishwarya Bhatia and Ms. Anamika Tyagi, Advs. for R-3/STF Mr. Raj Kumar Yadav, SPC with Ms.

Anjali Ahlawat and Mr. Ratna Ujjwal Saha, Advs. for R-4/SHO Mob: 9818836222 Email: yadavkraj1974@gmail.com Mr. Mukesh Birla, Mr. Rohitash and Mr. Surender Kumar, Advs. for R-5 Mob: 8527525001 Email: mishrarohitash81@gmail.com The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 19.09.2025 CM APPL. 58987/2025 1.

The present application has been filed on behalf of Ms. Shazia Ansari, seeking impleadment in the present petition as petitioner no. 3, on the basis that she is the owner of Flat No. B-2/2308, Second Floor, Green Glade Apartment, Vasant Kunj, New Delhi-110070.

Learned counsel appearing for the applicant has drawn the attention of this Court to the photographs annexed with the application to show that on account of construction, there has been accumulation of water on the third floor. The photograph with regard thereto, is 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.

Learned counsel appearing for the applicant further draws the attention of this Court to the photographs to show that water seepage has occurred in the flat of the applicant, on account of the accumulation of water on the third floor. Photographs of the flat of the applicant, i.e., owner of second floor, is 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.

Considering the submissions made before this Court, without going into the merits of the claim of the applicant, the respondent no. 5 herein may assist the applicant herein, in getting the portions of the second floor flat repaired and rectified, wherein seepage has occurred. 5.

With the aforesaid directions, the present application is disposed of. 6.

The present writ petition has been filed seeking directions to respondent nos. 1 to 4, to take action against the illegal and unauthorized construction made by respondent no. 5 at property bearing no. B2/2311, Third Floor, Green Glade Apartments, Vasant Kunj, New Delhi-110070. 7.

Learned counsel appearing for respondent no. 3-Special Task Force The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

("STF"), has handed over to this Court, a Report that they have received from the Municipal Corporation of Delhi ("MCD"), which is taken on record. Learned counsel appearing for the STF submits that requisite action has already been initiated by the MCD.

Learned counsel appearing for the MCD has handed over to this Court, Status Report filed on behalf of the MCD, which is also taken on record.

As per the Status Report of the MCD, action has been taken against the unauthorized construction existing in the property, in the following manner:

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

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

10.

Perusal of the aforesaid Status Report shows that a Demolition Order dated 12th September, 2025 has already been issued with respect to the property in question. Further, this Court notes the submission made by learned counsel appearing for the MCD that requisite action shall be taken, after following the due process of law.

11.

Accordingly, the MCD is held bound by the aforesaid statement. 12.

It is directed that requisite action shall be taken against the property in question, after following the due procedure.

13.

The rights of respondent no. 5, to seek their remedies, in case, they are aggrieved by any action of the MCD, is reserved. 14.

Accordingly, liberty is granted to respondent no. 5 to seek their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

remedies, in accordance with law, in case they are aggrieved by any action of the MCD.

15.

At this stage, learned counsel appearing for the petitioners and owner of second floor flat submits that in case, need be, they be permitted to carry out repair work at their own end, in order to secure their flat. 16.

Liberty is granted to do the needful, in accordance with the Building Bye-Laws.

17.

Accordingly, no further directions are required to be passed in the present petition.

18.

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

MINI PUSHKARNA, J SEPTEMBER 19, 2025/SK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.