Hema Arya v. Municipal Corporation Of Delhi & ORS.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12629/2025 HEMA ARYA .....Petitioner Through:
Ms. Hinu Mahajan and Ms. Manasvi, Advs.
Email: heenumahajan@gmail.com versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through:
Mr. Sanjeev Sabharwal, SPC for UOI Mr.
Aakanksha Kaul, Mr.
Harsh Sethi, Mr. Aman Sahani, Ms. Ashima Chopra, Mr.
Anant Nigam, Mr.
Shashank Sharma Raghav Luthra, Mr.
Ojasvi Arora, Advs. for R-2 Mr. Rakesh Malhotra, Mr. Bharat Malhotra and Ms. Smritika Kesri, Advs. for MCD Email: skesri12@gmail.com
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R
% 12.09.2025 1.
The present writ petition has been filed seeking directions to the respondent no.1, i.e., Municipal Corporation of Delhi ("MCD"), to demolish the illegal and unauthorized construction being raised by respondent no. 2 at second floor of the property bearing No. CA-23/2, Tagore Garden, New Delhi.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
2.
This Court takes note of the Status Report dated 08th September, 2025, filed on behalf of the Building Department of MCD, wherein, it has been stated as follows:
"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.
xxx xxx xxx"
3.
Perusal of the aforesaid Status Report shows that it is the stand of the MCD that though there is some deviation/excess coverage in the property of the petitioner, however, the said construction is old. 4.
As regards the property of respondent no. 2 is concerned, hearing is going on before the concerned officials of the MCD. 5.
This Court is informed that the next date of hearing before the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
concerned official of the MCD is 16th September, 2025. 6.
Further Status Report has been handed over by learned counsel appearing for the MCD, filed on behalf of the Maintenance Department, which is taken on record.
7.
The said Status Report filed on behalf of MCD reads as under: "xxx xxx xxx 8.
Perusal of the aforesaid Status Report shows that there are projections on Municipal Land by respondent no. 2, while there is encroachment upon The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
government land by the petitioner.
9.
At this stage, learned counsel appearing for respondent no. 2 draws the attention of this Court to the written submissions filed on behalf of respondent no. 2, wherein, it is stated that only some repair work was being carried out by respondent no. 2. She further submits that the construction of the property of respondent no. 2 is protected in terms of National Capital Territory of Delhi Law (Special Provisions) Act, 2011. 10.
The aforesaid statement is taken note of, which shall be considered by the MCD, at the time of hearing the parties.
11.
Considering the fact that relevant action has already been initiated by the MCD, it is directed that the MCD shall take further action, in accordance with law, after following the due procedure.
12.
Since the hearing is being granted to the parties, this Court expects that all the submissions made by the parties shall be taken into account, before any final order is passed.
13.
On request of the counsels, it is directed that written submissions, as filed on behalf of respondent on. 2, be supplied to learned counsel appearing for the petitioner as well as MCD on the E-mail which is reflected in today's order.
14.
Noting the aforesaid, the present petition, stands disposed of. MINI PUSHKARNA, J SEPTEMBER 12, 2025/KR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.