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High Court of DelhiW.P.(C)/14004/2025

Iqbal Singh Dutt v. Municipal Corporation Of Delhi And ORS

2025-09-11Hon'Ble Ms. Justice Mini Pushkarna2 pages

$~56 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 14004/2025 & CM APPL. 57301/2025 IQBAL SINGH DUTT .....Petitioner Through:

Mr.

Viney Sharma, Mr.

Sandeep Singh Nainwal and Mr. Sahil Talwa, Advs.

versus MUNICIPAL CORPORATION OF DELHI AND ORS.

.....Respondents Through:

Mr. Pratap Singh Ahluwalia, Adv. for R-1 & 2 Mr. Manoj Kumar Tyagi, SPC with Mr. Mohit Tyagi, Adv. for R-3

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 11.09.2025 1.

The present writ petition has been filed seeking directions to respondent nos. 1 and 2, to take action against the unauthorized construction existing in the property bearing No. 983, Out of Khasra No. 13/14/2, situated in the area of Village Keshopur, Delhi, known as Guru Nanak Nagar, Delhi, and to take appropriate action against the complaint dated 19th June, 2025, of the petitioner.

2.

Responding to the present writ petition, learned counsel appearing for the respondent no. 1 and 2-Municipal Corporation of Delhi ("MCD"), submits that the unauthorized construction in the property in question has already been booked on 30th June, 2025, and a Show Cause Notice was also issued on 30th June, 2025. He submits that after following the due procedure of law, a Demolition Order has been passed on 25th July, 2025. 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 15/09/2025 at 12:24:52

3.

Learned counsel appearing for the MCD further submits that action was sought to be taken by the MCD on 08th September, 2025. However, the same could not be taken on account of non-availability of the police force. Thus, it is submitted that requisite action shall be taken expeditiously with the assistance of the local police.

4.

Considering the submissions made before this Court, it is apparent that the MCD has already initiated action against the unauthorized construction existing in the property in question. 5.

Accordingly, the MCD is bound to take action, in accordance with law, against the unauthorized construction existing in the property in question. In case, the petitioner is aggrieved by any non-action on the part of the MCD, the petitioner shall be 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., and other connected matters, in W.P.(C) 1807/2018 and Fazruddin Versus DDA and Ors., in W.P.(C) 4649/2017. 6.

However, the right of owner of the property in question, i.e., respondent no. 4 is reserved. Thus, in case, the owner of the property in question is aggrieved by any action on the part of the MCD, the said owner of the property in question shall have the liberty to seek his remedies, in accordance with law.

7.

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

MINI PUSHKARNA, J SEPTEMBER 11, 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 15/09/2025 at 12:24:52