Naresh v. Municipal Corporation Of Delhi & ORS.

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 14589/2025 & CM APPL. 59845/2025 NARESH .....Petitioner Through:

Mr.

Samman Vardhan Gautam, Advocate Mob: 7717730165 Email:officeofsammangautam@gmail .com versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through:

Mr. Rohit Kathuria and Mr. Dhruv Varma, Advocates for R-1 Mr. Rishabh Sahu, SPC with mr.

Sameer Sharma, Mr.

Vikash Chauhan, Advocates for R-3 Mr. Shashi Pratap Singh, Ms. Shagun Sabharwal and Mr. Adhiraj Singh, Advocates for R-4 Mob: 9560536975 Email: shashipratapadv@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 18.11.2025 1.

The present writ petition has been filed seeking directions to the respondent nos. 1 to 3, to take action against the illegal and unauthorized construction being carried out at properties bearing nos. 4779-4782, Gali No. 45-46, Regharpura, Karol Bagh, New Delhi-110005. 2.

A Status Report dated 12th November, 2025, has been filed on behalf The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of Municipal Corporation of Delhi ("MCD"), a copy of which, has been handed over to the Court, and the same is taken on record. 3.

The relevant portions of the Status Report filed on behalf of the MCD, read as under:

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

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

"

4.

Perusal of the aforesaid Status Report shows that the unauthorised construction in the properties in question, has already been booked, and a Show Cause Notice under Section 344(1) and 343 of the Delhi Municipal Corporation Act, 1957 ("DMC Act, 1957"), has been issued to the owner/occupier of the properties in question, on 10th November, 2025. 5.

Further, a Show Cause Notice under Section 345A, read with Section 347 of the DMC Act, 1957, has also been issued to the owner/occupier of the property in question, on 11th November, 2025. 6.

Perusal of the aforesaid Status Report also shows the stand of the MCD that during the time of inspection of the properties in question, neither any fresh construction was noticed, nor any building material was found at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

site.

7.

At this stage, learned counsel appearing for the petitioner draws the attention of this Court to the photographs attached as Annexure P-3 to the present writ petition, to submit that there was ongoing construction at the properties in question. Further, he has handed over to this Court a copy of the photographs to show that the construction in the properties in question has since been completed.

8.

However, the aforesaid fact is disputed by learned counsel appearing for respondent no. 4, who submits that the photographs attached with the writ petition are old photographs, and that the same are undated. 9.

He further submits that the said photographs are old photographs, when some repair works were going on in the properties in question. 10.

This Court shall not go into any disputed questions of fact. 11.

Considering the fact that the MCD has already booked the properties in question, it is directed that requisite action shall be taken by the MCD, after following the due procedure, in accordance with law. 12.

Further, the MCD shall ensure that no unauthorised construction takes place in the properties in question.

13.

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

MINI PUSHKARNA, J NOVEMBER 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.