Rohit Kapoor v. Municipal Corporation Of Delhi And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13737/2024 & CM APPL. 57509/2024 ROHIT KAPOOR .....Petitioner Through:

Mr. Vivek Sood, Senior Advocate alongwith Mr. Saurabh Agarwal, Mr.

Ankit Chadha and Mr. Raunak Gupta, Advocates.

versus MUNICIPAL CORPORATION OF DELHI AND ORS.

.....Respondent Through:

Mr. Nikhil Palli, Advocate for MCD.

Mr. Mukul Singh, CGSC alongwith Ms. Ira Singh, Mr. Utsav Pokhriyal, Mr. Mohit Tyagi, Advocates and Mr.

Kapil Dev Yadav, G.P. for R-5 & 6.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 30.09.2024 1.

Present public interest petition has been filed seeking directions to the Respondents to call for records to assess whether the construction being carried out at Pacific Mall, Tagore Garden, Subhash Nagar, New Delhi is authorized and, if it is found that the construction so carried out is without a sanctioned plan, then issue directions for demolition of the same. 2.

Learned counsel for the Petitioner states that the Respondent No.7 has started unauthorized construction in the subject property by building shops on the ground floor and in the basement. He states that the construction of shops in the basement and ground floor are in violation of the Master Plan of 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 03/07/2025 at 22:16:59

Delhi, local zoning laws and Delhi Building Bye-Laws. 3.

Learned counsel for Municipal Corporation of Delhi states that as deviation and unauthorized construction contrary to the sanctioned plan were found in the property in question, notices dated 05th August, 2024 have been issued to the owner/ occupier and proceedings are underway before the Assistant Engineer (West). He further assures this Court that if any action is required to be taken in accordance with law, the same shall be taken after the Assistant Engineer (West) passes an order.

4.

Recording the aforesaid statement, the present public interest litigation is disposed of. Pending application also stands disposed of. CHIEF JUSTICE TUSHAR RAO GEDELA, J SEPTEMBER 30, 2024 kct 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 03/07/2025 at 22:16:59