Sarwar Iqbal Khan v. Municipal Corporation Of Delhi And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 18229/2025 & CM APPL. 75338/2025 SARWAR IQBAL KHAN .....Petitioner Through:

Mr. Azhar Ali, Ms. Suphia Haque, Mr. Pradeep and Mr. Vibhuti Sharma, Advocates versus MUNICIPAL CORPORATION OF DELHI AND ORS.

.....Respondents Through:

Mr. Yash Aggarwal, Adv. for MCD (Through VC) Mob: 9911643408 Email: advyashaggarwal@gmail.com Mr. Himanshu Kaushik, SPC for UOI with Mr.

Rupender Sharma, Mr.

Aaraansh Pathak, Advocates for R-2 Mob: 9811833026 Email:

himanshukaushik.govtcounsel9@gma il.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 01.12.2025 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 in property bearing No. D-82/3, 5th Floor, near Umar Dairy, Shaheen Bagh, Abul Fazal Enclave-2, Jamia Nagar, Okhla, South Delhi-110025.

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 03/12/2025 at 12:14:23

2.

Responding to the present writ petition, learned counsel appearing for the respondent-Municipal Corporation of Delhi ("MCD"), submits that the unauthorized construction in the property in question, stands booked on 28th November, 2025. He submits that the whole property in question, from the ground floor to fifth floor, has been booked for unauthorized construction. He submits that further action shall be taken, after following the due procedure.

3.

Accordingly, the MCD is held bound to take action against the unauthorized construction in the property in question, after following the due procedure, in accordance with law.

4.

Before taking any action, the MCD shall duly grant opportunity of hearing to the concerned parties.

5.

In case, any party is aggrieved by any action or non-action on the part of the MCD, their right to seek remedies, in accordance with law, is reserved.

6.

Rights and contentions of the parties are kept open. 7.

With the aforesaid directions, the present writ petition, along with the pending application, is accordingly disposed of. MINI PUSHKARNA, J DECEMBER 1, 2025/SK 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 03/12/2025 at 12:14:23