Saifullah v. Municipal Corporations Of Delhi Through Its Commissioner & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13328/2025 SAIFULLAH .....Petitioner Through:

Mr. Hemant Choudhary and Ms.

Pooja, Advs.

versus MUNICIPAL CORPORATIONS OF DELHI THROUGH ITS COMMISSIONER & ORS.

.....Respondents Through:

Mr. Kunal Rawat, Adv. for R-1 and 2 Mr. Amit Gupta, SPC with Mr. Vidur Dwivedi, Adv. for R-3

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 01.09.2025 1.

The present writ petition has been filed seeking directions to the respondent nos. 1 and 2, to remove the illegal and unauthorized construction as well as encroachment, being carried out by respondent no. 4 till the fourth floor of the property bearing No. 3305, Kucha Tara Chand, Lal Gali, Darya Ganj, Delhi-110002.

2.

Responding to the present petition, learned counsel appearing for respondent nos. 1 and 2, i.e., Municipal Corporation of Delhi ("MCD"), submits that the unauthorized construction in the property in question already stands booked on 26th August, 2025.

3.

Accordingly, considering the fact that the MCD has already booked the property in question, it is directed that the MCD shall take requisite 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 03/09/2025 at 12:15:56

action against the unauthorized construction existing in the property in question after following the due procedure, and in accordance with law. 4.

In case of any on-going unauthorized construction in the property in question, the same shall be stopped forthwith by the MCD, with assistance from the Station House Officer ("SHO"), Police Station, Darya Ganj. 5.

The SHO, Police Station, Darya Ganj is directed to provide assistance to the MCD in regard to stopping any further unauthorized construction in the property in question, and for taking action with regard thereto. 6.

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

7.

Likewise, if the respondent no. 4 is aggrieved by any action being taken by the MCD, the right of respondent no. 4 for seeking his legal remedies, is reserved.

8.

Accordingly, with the aforesaid directions, the present writ petition stands disposed of.

MINI PUSHKARNA, J SEPTEMBER 1, 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 03/09/2025 at 12:15:56