Gautam Gupta v. Municipal Corporation Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12761/2025, CM APPL.

52126/2025 & CM APPL.

52127/2025 GAUTAM GUPTA .....Petitioner Through:

Mr. Vikas Tomar, Mr. Uzail Elahi, Mr.

Arijeet Banerjee, Advocates (M:9958002005) Email: ilp@ilp.co.in versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through:

Mr. Puneet Yadav, Standing CounselMCD (M:9999388384) Email:puneetyadavadvocate@gmail.com Ms. Sangeeta Bharti, SC-DJB with Ms. Malvi Balyan, Advocates for R-2 (M:9811112863) Email:sangeetbharti@gmail.com Mrs. Suruchi Mittal, Mr. Shubham Soni, Advocates for R-3 (M:9811000519) Email:suruchi.m14@gmail.com Mr. Prashant Joshi, Ms. Tanvi, Ms.

Srishti, Mr.

Sarthak Chugh, Advocates for R-6 (M:8851682678)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 22.08.2025 1.

The present writ petition has been filed seeking directions to the respondent no. 1 to 4, to prevent and demolish the unauthorized and illegal construction carried out by respondent no. 6 in the front and side setbacks in the front portion of Ground Floor and First Floor of property bearing no. MThe authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5, Hauz Khas, New Delhi-110016.

2.

Learned counsel for the petitioner has drawn the attention of this Court to the photographs attached with the present petition to submit that the unauthorized construction has been done on the setback despite the fact that the property in question is within 100 meters of a protected monument. 3.

Responding to the present petition, learned counsel for respondent no.1, i.e., Municipal Corporation of Delhi ("MCD"), submits that the property in question was inspected today, i.e., 22nd August, 2025 and has been booked. He submits that the requisite action shall be taken after following due procedure, in accordance with law. 4.

Mr. Sachin Tayal, respondent no. 6 appears in person, along with his father, Mr. Ram Bhagat Tayal.

5.

Respondent no. 6, as well as his father, Mr. Ram Bhagat Tayal categorically submit before this Court that they shall not carry out any unauthorized construction and that any construction that is required to be carried out by them, shall only be done so after taking due permission in accordance with law.

6.

The aforesaid statement is taken note of.

7.

Accordingly, the MCD is held bound to take action against the property in question, in case there is any unauthorized construction existing in the property, in accordance with law, after following due procedure and in a time bound manner, preferably within a period of three months from today.

8.

Further respondent no. 6 is directed not to carry out any unauthorized construction in the property in question.

9.

It is clarified that any construction to be carried out by respondent no. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6, shall be carried out only after due permission from the requisite authorities, in accordance with law.

10.

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

MINI PUSHKARNA, J AUGUST 22, 2025/au The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.