Om Parkash v. State Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12799/2025 & CM APPL. 52237/2025 OM PARKASH .....Petitioner Through:

Mr. Akarsh Jain and Mr. Parteek Kumar, Advs.

M: 8586913125 versus STATE OF DELHI & ORS.

.....Respondents Through:

Ms. Rachita Garg and Mr. Agam Rajput, Advs. for R-1 Mr. Rakesh Malhotra and Mr. Bharat Malhotra, Advs. for R-2 (Through VC)

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 for taking action against the unauthorized and illegal construction raised by respondent no.4, at property bearing House No. 7027/1, Mata Romeshwari, Nehru Nagar, Tank Road, Karol Bagh, New Delhi-110005. 2.

Learned counsel appearing for Municipal Corporation of Delhi ("MCD") on advance notice submits that the property in question has already been inspected today, and requisite action shall be taken, in accordance with law.

3.

At this stage, learned counsel appearing for the petitioner submits that there is on-going construction taking place in the property in question. 4.

Accordingly, it is directed that the MCD shall ensure that no 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 25/08/2025 at 12:13:07

unauthorized construction shall be allowed in the property in question. Further, the local police, shall provide assistance to the MCD in regard to the action that is to be taken by the MCD.

5.

The requisite action shall be taken by the MCD against the unauthorized construction in question, after following the due procedure, in accordance with law.

6.

In case the owner/occupier of the property in question is aggrieved by any action being taken by the MCD, the said owner/occupier shall have liberty to seek his remedies, in accordance with law. 7.

Likewise, in case the petitioner is aggrieved by any non-action on the part of the MCD, the petitioner is granted liberty to approach the Special Task Force ("STF") constituted by the Supreme Court, and in terms of the orders passed by the Division Bench of this Court in the case of Devender Versus Govt. of NCT of Delhi and Ors., in W.P.(C) 1807/2018 and Fazruddin Versus DDA and Ors., in W.P.(C) 4649/2017. 8.

The MCD is held bound to take action against the unauthorized construction in question.

9.

Let requisite action be taken by the MCD in a time bound manner, preferably within a period of three months from today. 10.

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

MINI PUSHKARNA, J AUGUST 22, 2025/KR 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 25/08/2025 at 12:13:07