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High Court of DelhiW.P.(C)/14935/2025

Dr. Mangala Kohli v. Municipal Corporation Of Delhi & ORS.

2025-09-25Hon'Ble Ms. Justice Mini Pushkarna3 pages

$~102 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14935/2025 DR. MANGALA KOHLI .....Petitioner Through:

Mr. Bal Krishan and Mr. Ajay Kumar, Advs.

versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through:

Mr. Rakesh Malhotra, Mr. Bharat Malhotra and Ms. Smritika Kesri, Advs. for MCD

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 25.09.2025 1.

The present writ petition has been filed seeking directions to the respondent nos. 1 and 2, to take action against the unauthorized construction, being carried out by respondent no. 4. 2.

Learned counsel appearing for the petitioner submits that respondent no. 4 has commenced a huge unauthorized and illegal construction at Plot No. 30, behind Sector D-3, Mall Road, Vasant Kunj, New Delhi-110070, totally eclipsing the air and sunlight, to the adjacent premises, i.e., Plot No. 29 of the petitioner, and thereby rendering her residence, inaccessible and inhabitable.

3.

Responding to the present writ petition, learned counsel appearing for the respondent-Municipal Corporation of Delhi ("MCD"), submits that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

property has been booked on 15th September, 2025 and a Show Cause Notice dated 15th September, 2025, has also been issued. Additionally, a Work Stop Notice has also been issued to the Station House Officer ("SHO"), Police Station Vasant Kunj.

4.

He further submits that requisite action shall be taken by the MCD after following the due procedure.

5.

Considering the submissions made before this Court, the MCD is held bound to take action against the unauthorized construction existing in the property in question.

6.

Further, the MCD, along with the SHO, Police Station Darya Ganj, shall ensure that no further unauthorized construction takes place in the property in question.

7.

In case the petitioner is aggrieved by any non-action on the part of the MCD or if unauthorized construction is still being carried out, 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.

8.

In case, the owner/occupier of the property in question is aggrieved by any action of the MCD, his right to seek legal remedies is reserved. 9.

MCD along with Local Police is enjoined upon to take action in a time bond manner, preferably, within a period of six months, from today. 10.

Further, the SHO, Police Station, Vasant Kunj shall ensure that Work Stop Notice as issued by the MCD, shall be duly implemented and no further unauthorized construction is carried out 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.

11.

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

MINI PUSHKARNA, J SEPTEMBER 25, 2025/KR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.