Balbeer Singh v. Municipal Corporation Of Delhi & ORS.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14238/2025 & CM APPL. 58399/2025 BALBEER SINGH .....Petitioner Through:
Mr.
Hirday Virdi and Mr.
Raj Sudhakar Yadav, Advs.
Mob: 8375839726 Email: hridayvirdi@gmail.com versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through:
Mr. Kapil Dutta and Mr. Siddharth Parashar, Advs. for R-MCD Mob: 9811135509 Email: kapilduttamcd@gmail.com Mr. Kameshwar Nath Mishra, Sr.
Panel Counsel with Ms. Manisha, Mr.
Shubhashish Roy and Ms.
Vidya Mishra, Advs. for R-2/UOI (Through VC) Mob: 9871288082 Email: knmishra.adv@gmail.com
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R
% 15.09.2025 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 illegal and unauthorized construction existing in the property situated at S-18 to 16, Village Joga Bai, Okhla, New Delhi-110025. 2.
Per contra, responding to the present writ petition, learned counsel appearing for respondent no. 1-MCD has drawn the attention of this Court to the order dated 11th August, 2023, passed in W.P.(C) 4516/2019, titled as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
"Balbeer Singh Versus South Delhi Municipal Corporation and Ors." He submits that earlier also the petitioner had filed a writ petition pertaining to the same property, which was disposed of vide the aforesaid order dated 11th August, 2023.
3.
He has further handed over copy of a table to show that requisite action has been taken against the property in question and that the property is lying sealed.
4.
Learned counsel appearing for the respondent no. 1-MCD further draws the attention of this Court to the complaint dated 08th April, 2025, submitted by the petitioner to the MCD, wherein, it is stated as follows: "xxx xxx xxx
2. I am the owner of the aforesaid property. Recently, Mr. Saud in connivance with the local goons and builders have been carrying out illegal construction on my property. Within a short span of time, they have raised a Six (6) storey building which has no layout plan, sanction or approval from the competent authority(s). xxx xxx xxx"
5.
By reference to the aforesaid, learned counsel appearing for the MCD submits that though it is the case of the petitioner that he is the owner of the property in question, no documents with regard thereto, have been filed. He further submits that the action against the property is being taken since the year 2023.
6.
He further draws the attention of this Court to the latest photographs of the property in question.
7.
Having hearing learned counsels appearing for the parties, this Court notes that in the first round of litigation, vide order dated 11th August, 2023 in W.P.(C) 4516/2019, this Court had passed directions against the unauthorized construction existing in the property in question, in the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
following manner:
"1. The petitioner has filed this writ petition aggrieved by alleged illegal construction at property No. S-18 to 16, Village Joga Bai, Okhla, New Delhi-110025.
2. The Municipal Corporation of Delhi ["MCD"] has filed three status reports in response to the writ petition, the last of which is dated 10.08.2023. A copy of the status report has been handed over in Court and is taken on record. The status report records that the planned action against the property could not be taken on 28.03.2023 due to non-availability of police force. However, on 07.08.2023, four flats on the fourth floor of the subject property have been sealed. On 08.08.2023 a vacation notice had been issued in respect of the entire property, which was found to be partially occupied. The concerned Station House Officer has also been requested, on 08.08.2023, to keep a strict vigil on the property. The property remains sealed.
3. Ms. Shilpa Dewan, learned counsel for the MCD, states that MCD will take further action in accordance with law expeditiously, and in any event, within a period of three months from today, subject to availability of police force.
4. Having regard to the aforesaid submissions, no further orders are required in this writ petition, which stands disposed of.
5. It is made clear that this order is passed without prejudice to the rights and contentions of respondent No.
3, or any other occupant/owner of the subject property. The rights and remedies of the owners/occupants of the subject property are expressly reserved. MCD is directed to act strictly in accordance with law, and in compliance with all statutory requirements.
6. In the event the petitioner has any further grievance in respect of unauthorised construction, he may approach the Special Task Force ["STF"], constituted by the Supreme Court vide orders dated 24.04.2018 and 18.07.2018 in W.P.(C) 4677/1985 [M.C. Mehta vs Union of India & Ors.]. These directions have been made having regard to the decision of the Division Bench in Devender vs. Govt. of NCT of Delhi and Ors [order dated 20.09.2018 in W.P.(C) 1807/2018 and connected matters], followed by another decision of the Division Bench in Sneh Lata & Anr. vs. North Delhi Municipal Corporation & Anr. [order dated 08.04.2019 in LPA 245/2019], by a recent decision of the Division Bench in Himanshu vs. East Delhi Municipal Corporation & Anr. [order dated 31.07.2023 in W.P.(C) 8104/2022], and by a decision of the learned Single Bench in Abdul Gaffar vs South Delhi Municipal Corporation & Ors. [order dated 28.02.2019 in W.P.(C) 1773/2019]."
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
8.
This Court takes note of the Right to Information ("RTI") reply of MCD filed as Annexure A-4 with the present writ petition, which reads as under:
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
Perusal of the aforesaid reply issued on behalf of the MCD clearly shows that even in the reply under the RTI Act, 2005, the MCD has categorically detailed the action taken against the property in question, and has further stated that the property in question was sealed. 10.
This Court further takes note of the table, which has been handed over by learned counsel appearing for the MCD, and the same is reproduced as under:
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
11.
Perusal of the aforesaid table clearly shows that constant and regular action against the unauthorized construction in question has been taken by the MCD, time and again.
12.
This Court further takes note of the submission made by the learned counsel appearing for the respondent-MCD that the property in question is lying sealed and that no unauthorized construction is going on in the property in question.
13.
Accordingly, considering the submissions made before this Court, it is directed that the MCD shall ensure that no further unauthorized construction takes place in the property in question. Further action, which is required to be taken against the property, shall be taken, in accordance with law. 14.
In view of the aforesaid, no further orders are required to be passed in the present writ petition.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
15.
The present writ petition, along with the pending application, is accordingly disposed of.
MINI PUSHKARNA, J SEPTEMBER 15, 2025/SK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.