Dharmendra v. Municipal Corporation Of Delhi And ORS

$~63 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13074/2025, CM APPL.

53549/2025 & CM APPL.

53550/2025 DHARMENDRA .....Petitioner Through:

Mr. Navneet Sharma, Adv. (Through VC) versus MUNICIPAL CORPORATION OF DELHI AND ORS.

.....Respondents Through:

Ms. Shilpa Dewan, Adl. SC for MCD M: 9971192772 Mr. Badar Mahmood, SPC with Mr.

Ammar Ahmad, Adv. for UOI (Through VC) Ms. Shobhana Takiar, SC with Ms.

Chand Chopra, Mr. Punishk Handa and Mr. Kuljeet Singh, Advs. for R-2

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 27.08.2025 1.

The present writ petition has been filed seeking directions to the respondent no.1, i.e., Municipal Corporation of Delhi ("MCD"), to take action against the unauthorized construction having been constructed by respondent no.4 in the property bearing No. 355, New Layalpur Colony, Krishna Nagar, Delhi-51.

2.

Learned counsel for respondent no.1, i.e., MCD, appearing on advance notice, has handed over a copy of the documents showing booking 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 29/08/2025 at 12:48:40

of the property, and issuance of a Show Cause Notice dated 25th August, 2025.

3.

The aforesaid documents are taken on record.

4.

Learned counsel appearing for the MCD submits that since unauthorized construction in the property has been booked and Show Cause Notice has been issued with regard thereto, therefore, the MCD shall await the reply of the respondent no. 4 with respect to aforesaid Show Cause Notice.

5.

She further submits that requisite action shall be taken by the MCD, after following the due procedure, in accordance with law. 6.

The aforesaid statement made by learned counsel appearing for the MCD is taken note of. The MCD is held bound by the aforesaid statement. 7.

Accordingly, it is directed that the MCD shall take requisite action against the unauthorized construction existing in the property in question, after following the due procedure and in accordance with law. 8.

In case, the respondent no. 4 is aggrieved by any action taken by the MCD, the respondent no. 4 shall be at liberty to seek his remedies, in accordance with law.

9.

Likewise, in case the petitioner is aggrieved by any non-action on the part of the MCD, the petitioner is also at liberty to seek his remedies in accordance with law.

10.

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

MINI PUSHKARNA, J AUGUST 27, 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 29/08/2025 at 12:48:40