Anil Kumar v. Mcd & ORS.

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13909/2025 & CM APPL. 56963/2025 ANIL KUMAR .....Petitioner Through:

Mr. Mridul Jindal adn Mr. Piyush Tandon, Advs.

versus MCD & ORS.

.....Respondents Through:

Mr. Pritish Sabharwal, Adv. for MCD Mr. Manish Srivastava, Mr. Moksh Arora and Mr. Santosh Ramdurg, Advs.for BSES YPL Mr. Sahil Munjal, SPC with Ms. Rhea Gandhi and Ms. Nancy, Advs. for R-2

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 10.09.2025 1.

The present writ petition has been filed seeking directions to respondent nos. 1 to 5, to take appropriate legal action to further demolish the illegal and unauthorized construction raised by the respondent nos. 6 to 7 over the property located at B-140, New Ashok Nagar, Church Gali, Delhi110096, within a stipulated time period. 2.

There is further prayer for restraining the respondent nos. 1 to 5 from permitting the respondent nos. 6 and 7 to carry any further illegal and unauthorized construction over the property in question, and to put the illegal and unauthorized construction, to use. 3.

It is submitted that being aggrieved by the illegal/unauthorized The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

construction raised by the respondent no. 6, the petitioner filed a Civil Suit for permanent injunction and mandatory injunction before the Civil Judge, East District, Karkardooma Courts, Delhi, on 16th November, 2023, bearing Civil Suit 888/2023, titled as "Anil Kumar Versus. Shambhu Nath Mishra and Ors." which is annexed as Annexure-A.

th 4.

It is submitted that on 26 March, 2025, the Civil Court disposed of the Civil Suit bearing No. 888/2023, in the following manner: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

It is submitted that as the respondent no. 1 was not taking any further action, the petitioner sent a written complaint dated 18th June, 2025, to the respondent nos. 1, 2, 4 and 5, which is annexed as Annexure-L. 6.

It is submitted that the petitioner is challenging the inaction of the th June, 2025, respondent nos. 1, 2, 4 and 5 over the said complaint dated 18 made to them, and for not taking any further action against the unauthorized construction in the property in question, which has been carried out without any sanction plan, as submitted by respondent no. 1 herein on 26th March, 2025, before the Civil Judge in Civil Suit No. 888/2023. 7.

Responding to the present writ petition, learned counsel appearing for respondent no.1, i.e., Municipal Corporation of Delhi ("MCD") submits that extensive action has already been taken by the MCD on the fifth floor of the th August, 2024, 23rd September, property in question on various dates viz. 30 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2024, 03rd October, 2024 and 06th November, 2024.

8.

Learned counsel appearing for the MCD further submits that partial th action was taken on the fourth floor of the property in question on 30 December, 2024. He further submits that a Vacation Notice dated 04th September, 2025, has been issued and further action against the unauthorized construction existing in the property in question is now fixed for 15th September, 2025, and 17th September, 2025.

9.

Learned counsel appearing for the MCD also draws the attention of this Court to the various Status Reports, which were filed before the Trial Court, to submit that regular and consistent action has been taken by the MCD against the unauthorized construction in the property in question. 10.

Considering the aforesaid, this Court is satisfied that requisite action is being taken by the MCD.

11.

MCD is bound to take full action against the existing unauthorized construction in the property in question.

12.

The Station House Officer ("SHO"), Police Station New Ashok Nagar, is directed to fully cooperate with the MCD, and provide requisite police assistance at the time when action is sought to be taken by the MCD against the unauthorized construction existing in the property in question. 13.

In case, the petitioner is aggrieved by any non-action on the part of the MCD, the petitioner is at liberty to approach the Special Task Force ("STF") as constituted by the Supreme Court, 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 other connected matters Fazruddin Versus DDA and Ors. in W.P.(C) 4649/2017. 14.

As regards the prayer (iii) of the present writ petition, with regard to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

compensation, the petitioner is at liberty to file a representation with the MCD, which shall be considered.

15.

Noting the aforesaid, the present writ petition, along with the pending application, stands disposed of.

MINI PUSHKARNA, J SEPTEMBER 10, 2025/KR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.