Ashok Kumar v. Municipal Corporation Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11833/2025 & CM APPL. 48320/2025 ASHOK KUMAR .....Petitioner Through:

Mr. Amit Nayyar, Adv. (Through VC) versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through:

Ms. Shilpa Dewan, Addl. Standing Counsel for R-MCD Mob: 9971192772 Email: shilpadewan06@gmail.com

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 no. 1-Municipal Corporation of Delhi ("MCD") to demolish the unauthorized construction being carried out in property no. 8401, 1st Floor, Arya Nagar, Paharganj, Delhi-110055.

2.

Learned counsel appearing for the petitioner submits that the petitioner has a shop on the ground floor of the property in question, and the walls of the shop of the petitioner have developed cracks due to the unauthorized construction in the property in question. 3.

Learned counsel for respondent no. 1, i.e., MCD, appearing on advance notice, submits that the unauthorized construction in the property in question was booked, on 25th February, 2025 and a Show Cause Notice was also issued on 25th February, 2025 in this regard. 4.

She further submits that a Demolition Order under Section 343 of the 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 11/08/2025 at 12:52:11

Delhi Municipal Corporation Act, 1957 ("DMC Act") has already been issued on 17th March, 2025. She has handed over a copy of the documents in this regard, which are taken on record.

5.

She further submits that pursuant to the Demolition Order, action for demolition of the unauthorized construction in the property in question was sought to be taken on 04th August, 2025. However, the said action could not be taken.

6.

She further submits that the MCD shall fix further action after 15th August, 2025.

7.

Accordingly, MCD is held bound by the aforesaid statement. It is directed that the MCD shall take requisite action against the unauthorized construction existing in the property in question. 8.

The action taken by the MCD against the unauthorized construction in the property in question, shall be duly uploaded on the website of the Special Task Force ("STF"), constituted by the Supreme Court of India. 9.

In case, the petitioner is aggrieved by any non-action of the MCD, the petitioner shall be at liberty to revive the present writ petition. 10.

In case, the owners of the other floors of the property in question have any grievance against any action undertaken by the MCD, their right is reserved for seeking appropriate legal remedies, in accordance with law. 11.

With the aforesaid directions, the present writ petition, along with the pending application, is disposed of.

MINI PUSHKARNA, J AUGUST 7, 2025/SK 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 11/08/2025 at 12:52:11