High Court of DelhiW.P.(C)/16881/2024

Bilal Ahmed And ANR v. Municipal Corporation Of Delhi And ORS

2025-04-30Hon'Ble Ms. Justice Mini Pushkarna9 pages

$~65 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BILAL AHMED AND ANR.

.....Petitioners Through:

Mr. G.M. Farooqui, Adv. (Through VC) versus MUNICIPAL CORPORATION OF DELHI AND ORS.

.....Respondents Through:

Mr. Kapil Dutta, SC with Mr. Vansh Luthra, Advs.

M: 9811135509 Email: kapilduttamcd@gmail.com Mr.

Gaurav Jain, Adv.

for R-4 (Through VC)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 30.04.2025 1.

The present petition has been filed seeking directions to the respondent nos. 1 to 3, for taking action against the illegal and unauthorized construction carried by respondent no. 4, in property bearing No. 4021, Gali Khan Khana, Urdu Bazar, Jama Masjid, Delhi-110006. 2.

Learned counsel appearing for respondent no.

1/Municipal Corporation of Delhi ("MCD"), has drawn the attention of this Court to the counter affidavit filed on behalf of the MCD. In the said counter affidavit filed on behalf of the MCD, it has been stated, as follows: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

"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.

xxx xxx xxx"

A perusal of the aforesaid counter affidavit shows that construction in the property in question, was earlier being done, as per the sanctioned building plan, which had been taken under the Saral Scheme. Subsequently, deviations were found in the construction. Thus, an action was initiated by the MCD against the unauthorized construction, which constituted the said deviations from the sanctioned building plan. 4.

Accordingly, the Show Cause Notice dated 08th July, 2024, was issued to respondent no.4, i.e., the owner of the property in question. Subsequently, a Demolition Order dated 18th July, 2024, was also passed. 5.

Simultaneously, sealing proceedings were also initiated by the MCD by issuance of a Show Cause Notice dated 15th July, 2024. 6.

Further a Work Stop Notice was also issued to the Station House Officer ("SHO") of the Police Station Jama Masjid, Delhi on 18th July, 2024, with a request to ensure that the unauthorized construction in the property, is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

not carried out any further.

Learned counsel appearing for the respondent-MCD submits that demolition action has been taken by the MCD on 24th July, 2024, 26th July, 2024 and 27th July, 2024.

Learned counsel appearing for the respondent has also drawn the attention of this Court to the photographs showing the action taken by the MCD. Two photographs, out of many photographs, as attached along with the counter affidavit, are reproduced as under: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

This Court further notes the submission made on behalf of learned counsel appearing for the respondent/MCD that subsequently, proceedings, with regard to revocation of the sanctioned building plan of respondent no.4, are also under adjudication. He submits that further action shall be taken by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the MCD, after finalization of the said proceedings. 10.

At this stage, learned counsel appearing for the petitioners submits that he has not been served with a copy of the counter affidavit filed on behalf of MCD.

11.

However, this Court notes that the proof of service, which is on record, clearly shows that the petitioners' counsel has been served on his Email.

12.

On a pointed query, learned counsel appearing for the petitioners have confirmed that the Email in question, where the mail has been sent by the respondent/MCD, is the mail ID of the counsel for the petitioners. 13.

Learned counsel appearing for the respondent no. 4 submits that no construction is going on in the property in question, at present. 14.

The aforesaid statement is taken note of.

15.

Considering the submissions made before this Court, it is directed that the MCD shall finalize the proceedings, with regard to revocation of the sanctioned building plan of respondent no. 4, expeditiously, and preferably, within a period of two months, from today.

16.

Further, action against the unauthorized construction shall be taken by the MCD in accordance with law, subject to the outcome of the revocation proceedings, of the sanctioned building plan. 17.

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

18.

The MCD is further directed to ensure that no further unauthorized construction of any sort, takes place in the property in question. 19.

Rights and contentions of parties are left open. 20.

Accordingly, the present writ petition, stands disposed of, in terms of the aforesaid.

MINI PUSHKARNA, J APRIL 30, 2025/kr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.