Mohd Taslim v. Municipal Corporation Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 15831/2025 MOHD TASLIM .....Petitioner Through:

Mr.

Nikhil Tuteja and Mr.

Atul Bhojane, Advs. (Through VC) versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through:

Mr. Sahil Munjal, SPC with Ms. Rhea Gandhi, Adv. for R-4 Mr. Ashutosh Gupta, ASC for MCD

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 15.10.2025 1.

The present writ petition has been filed seeking directions to respondent nos. 1 to 4, for taking action against the unauthorized construction being carried out by respondent no. 5 in the property bearing No. 1525, Gali Kotana, Suiwalan, Daryaganj, Delhi-110002. 2.

Responding to the present writ petition, learned counsel appearing for the respondent-Municipal Corporation of Delhi ("MCD"), submits that the construction was found to be carried out on terrace of the third floor, i.e., in the form of fourth floor.

3.

He further submits that though the property from stilt to third floor is an old construction, however, since there was no Sanctioned Building Plan, the same has been booked.

4.

Learned counsel appearing for the MCD further submits that since 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 25/10/2025 at 12:09:32

Show Cause Notice has been issued to the owner/occupier/builder of the property in question, requisite action shall be taken 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 in the property in question after following the due procedure and in accordance with law. 6.

In case of any ongoing unauthorized construction, the same shall be stopped forthwith with the assistance of the local police of Police StationChandani Mahal. 7.

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., in W.P.(C) 1807/2018 and Fazruddin Versus DDA and Ors. in W.P.(C) 4649/2017.

8.

Likewise, in case, respondent no. 5 owner/occupier/builder of the property in question is aggrieved by any action on the part of the MCD, the right of respondent no. 5 to seek remedies, in accordance with law, is reserved.

9.

With the aforesaid directions, the present writ petition is accordingly disposed of.

MINI PUSHKARNA, J OCTOBER 15, 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 25/10/2025 at 12:09:32