Ramesh Chand v. Municipal Corporation Of Delhi & ORS.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11431/2025 & CM APPL.
46759/2025, CM APPL.
46760/2025 RAMESH CHAND .....Petitioner Through:
Mr. Waiz Islam, Mr. Mohd. Azhar, Mr. Sunil Kumar and Mr. Muzammil, Advocates Mob: 7599441828 Email: mohdazhar1798@gmail.com versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through:
Mr. Sunil Goel, SC for MCD with Mr. Himanshu Goel, Mr. Dimple Aggarwal and Ms. Varsha, Advocates Mob: 9810215488 Email: sunilgoel71@gmail.com Mrs. Anasuya Chaudhary, Advocate for UOI Mob: 9999205673 Email: anasuya15@gmail.com Mr. Shashi Pratap Singh and Ms.
Aishwaryha Bhatia, Advocates Mob: 9560536975 Email: shashipratapadv@gmail.com
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R
% 01.08.2025 1.
The present writ petition has been filed for issuance of appropriate directions to respondent nos. 1 to 5, to immediately stop and demolish the illegal and unauthorised construction raised by respondent no. 6 at property bearing no. B-6-313/41, Inderlok, Delhi-110035, admeasuring 100 Sq. Yards.
2.
Learned counsel appearing for respondent nos. 1 and 3-Municipal The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Corporation of Delhi ("MCD"), on advance notice, draws the attention of this Court to the earlier order dated 17th February, 2025, passed in W.P.(C) 1993/2025, titled as Ramesh Chand Versus Municipal Corporation of Delhi & Ors., wherein, it had been noted as follows: "xxx xxx xxx
5. Mr. Rakesh Malhotra, learned counsel appears on behalf of Respondent No.1/MCD on advance copy of the writ petition and on instructions, submits that Respondent No.3, namely Mr. Jaspal Singh has sold the property to Mr. Sabir Ali and Mr. Shakir Ali, in whose favour building plan has been sanctioned by MCD under the SARAL Scheme and thus no ceiling/demolition action is warranted. Nevertheless in case in future, any construction is found to be in violation of the sanction plan, necessary action will be taken by MCD, in accordance with law.
6. In light of the stand taken by MCD that the present owners have obtained a sanction plan in respect of the subject property and the construction alleged to be unauthorised is not unauthorised but is as per the sanction plan, no order is required to be passed at this stage. Assurance of MCD that necessary action will be taken if in future any construction is found in violation of sanction plan as per law, is taken on record.
xxx xxx xxx"
3.
Thus, by referring to the aforesaid order, learned counsel appearing for the respondent-MCD submits that, subsequently, an inspection was carried out by the concerned officials of the MCD and certain deviations have been found on all the floors. Further, one floor has been found to have been constructed, for which, no plan has been sanctioned. 4.
He, thus, submits that a Show Cause Notice dated 23rd July, 2025, has already been issued and that requisite action shall be taken after following the due procedure.
5.
Learned counsel appearing for the respondent no. 5-Special Task Force ("STF"), submits that a copy of the present petition has already been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
forwarded to the MCD, for taking appropriate action. 6.
Accordingly, it is directed that MCD shall take requisite action after following the due procedure, in accordance with law. 7.
In case the petitioner is aggrieved by any non-action on the part of the respondent-MCD, the petitioner shall be at liberty to approach this Court. 8.
Accordingly, no further orders are required to be passed in the present petition.
9.
Learned counsel appearing for the respondent-MCD at this stage submits that the copy of the present petition, which has been supplied to the respondent-MCD, is without any bookmarking. Thus, it is submitted that the respondent-MCD and other parties, who receive such copies without bookmarking, face trouble and difficulty in reading the file and assisting the Court, as it is difficult to navigate through the file without the bookmarking. 10.
Accordingly, it is directed that at the time of filing any fresh petition, the petitioner while attaching proof of service to the other parties, shall indicate in clear terms and give an undertaking that petition served upon the respondents, is duly 'Bookmarked' and is in 'OCR' format. 11.
The Registry is directed to ensure that the said practice direction is followed and the same be circulated, for compliance. 12.
Accordingly, the present writ petition, along with the pending applications, is disposed of.
MINI PUSHKARNA, J AUGUST 1, 2025/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.