Sh. Abdullah Rasheed v. Municipal Corporation Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 14506/2025 & CM APPL.

59457/2025, CM APPL.

59458/2025 SH. ABDULLAH RASHEED .....Petitioner Through:

Ms. Sana Ansari, Mr. Tanveer and Mr. I. Ahmed, Advocates Mob: 9818053386 Email: ansari_rbs@yahoo.com versus MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through:

Mr. Ashutosh Gupta, ASC for MCD (through VC) Mr. Dinesh Malik, Panel Counsel, GNCTD with Mr.

Puneet Jain, Advocate for R-2 (through VC) Mr. G.S. Oberoi, ASC with Ms.

Shaifali Jain, Mr.

J.

S.

Oberoi, Advocates for DDA Mob: 9811667770 Email: oberoi.gs@gmail.com Mr. Varun Vats, SPC for R-3 Mob: 9654333800 Mr.

Anil Sharma, Mr.

Aman Bhardwaj, Mr. Arpit Sharma, Ms.

Kusum, Advocates for R-6 Mob: 9899123578 Mr. Arujun Mahajan, SC with Mr.

Apoorv and Mr.

Harsh Vashist, Advocates for DDA Mob: 9810047321

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

O R D E R

% 18.09.2025 1.

The present writ petition has been filed seeking directions to respondent nos. 1 to 4 to take action against the unauthorized construction being raised just above the roof of the third floor of the property bearing no. 8926, Naya Mohalla, Pul Bangash, Azad Market, Delhi-110006, in the shape of the fourth floor.

2.

Responding to the present writ petition, learned counsel appearing for respondent no. 1-Municipal Corporation of Delhi ("MCD"), submits that the MCD has already inspected the property in question, and found unauthorized construction being raised over the third floor of the property in question.

3.

He, thus, submits that a Work Stop Notice has already been issued, pursuant to which, the owner/occupier of the third floor of the property in question, has already assured the MCD that he shall remove the walls from the terrace of the third floor of the property in question. 4.

Learned counsel appearing for the MCD further submits that in case, the owner/occupier of the third floor of the property in question does not himself remove the unauthorized construction, requisite action shall be taken by the MCD, after following the due process of law. 5.

The aforesaid statement is taken note of and MCD is held bound to take action against the unauthorized construction carried out in the property in question, in accordance with law.

6.

The MCD as well as Station House Officer ("SHO"), Police StationBara Hindu Rao, shall ensure that no further unauthorized construction takes place in the property in question.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

In case, the petitioner is aggrieved by any non-action on the part of the MCD, the petitioner has the 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. 8.

With the aforesaid directions, the present writ petition, along with the pending applications, is disposed of.

MINI PUSHKARNA, J SEPTEMBER 18, 2025/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.