Shami Khan v. Municipal Corporation Of Delhi & ORS.

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16434/2025 & CM APPL. 67257/2025 SHAMI KHAN .....Petitioner Through:

Mr. Mushtaque Ahmad, Mr. Shami Khan, Advocates (M:9999011186) versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through:

Mr. Rohit Kathuria, Advocate for R-1 (M:9717948948)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 30.10.2025 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. 3, in the property bearing No. E-275, Gali No. 9, Shashtri Park, North-East, Delhi-110053. 2.

Responding to the present writ petition, learned counsel for respondent no. 1-Municipal Corporation of Delhi ("MCD") submits that inspection of the property has been done today and that the property has also been booked today itself.

3.

He further submits that the Show Cause Notice has also been issued today.

4.

At this stage, learned counsel for the petitioner has shown to this Court a video to show that the unauthorized construction is still being carried out in the property in question.

5.

Accordingly, it is directed that any unauthorized construction going 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 01/11/2025 at 12:03:25

on in the property in question shall be stopped forthwith by the concerned Officials of the MCD, with the assistance of the Station House Officer ("SHO"), Police Station-Shashtri Park, North-East Delhi. 6.

The MCD is enjoined upon to take requisite action against the unauthorized construction existing in the property after following the due procedure, in accordance with law.

7.

However, the MCD along with the SHO, Police Station-Shashtri Park, shall ensure that no further unauthorized construction takes place in the property in question.

8.

In case, the petitioner is aggrieved by any non-action on the part of the MCD, the petitioner is 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. 9.

Likewise, in case, the owner/occupier of the property in question is aggrieved by any action on part of the MCD, his right to seek remedies, in accordance with law, is reserved.

10.

Noting the aforesaid, the present writ petition, along with pending application, is accordingly disposed of.

MINI PUSHKARNA, J OCTOBER 30, 2025/au 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 01/11/2025 at 12:03:25