Talib v. Municipal Corporation Of Delhi & ORS.

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 194/2025 and CM APPL. 861/2025 TALIB .....Petitioner Through:

Mr. Arun Kumar Varma, Advocate.

versus MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through:

Mr. Mukesh Gupta, Standing Counsel with Mr. Sachin Singh Shahi, Mrs. Shashi Gupta and Mr. Arnav Gupta, Advocates for MCD.

Ms. Uma Prasuna Bachu, SPC for R-2/Delhi Police.

Mr. Shashi Pratap Singh, Ms. Aishwarya Bhatia and Ms.

Muskaan Garg, Advocates for R-3/STF/DDA

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 09.01.2025 1.

This writ petition has been preferred on behalf of the Petitioner under Article 226 of the Constitution of India seeking a direction to Respondents No. 1 to 3 to take proper action in accordance with law to stop and demolish the alleged illegal and unauthorized construction work carried out by Respondents No. 4 and 5.

2.

Mr. Mukesh Gupta, learned Standing Counsel for MCD/Respondent No.1 appearing on advance copy of the writ petition hands over a set of documents which include First Information Report dated 30.10.2024 against Jamshed Rana, the occupant of the property as per the local inquiry, as also W.P.(C) 194/2025 Page 1 of 2 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 24/01/2025 at 12:41:23

show cause notice dated 30.10.2024 under Sections 344(1) and 343 of Delhi Municipal Corporation Act, 1957 in respect of property bearing No. P.No. in Between S-8/18 & S-8/15 (As per Court case S-8/17), Safeena Road, Jogabai Extn, Jamia Nagar, New Delhi. The documents also include a demolition notice dated 13.11.2024 pasted outside the premises in question and photographs reflecting partial demolition. Mr. Gupta, on instructions, submits that further action will be taken in accordance with law. The documents are taken on record.

3.

At this stage, no further order is required to be passed. Stand of MCD that it will take further action in accordance with law and in consonance with the judgment of the Supreme Court in In Re: Directions in the matter of demolition of structures, 2024 SCC OnLine SC 3291, is taken on record. It is made clear that this order is without prejudice to the rights and contentions of Respondents No. 4 and 5 or any other occupant(s) of the property in question.

4.

Writ petition is disposed of in the aforesaid terms. In case, the Petitioner has any surviving grievance, he will be at liberty to take recourse to legal remedies including approaching the Special Task Force constituted by the orders of the Supreme Court dated 24.04.2018 and 18.07.2018 in W.P. (C) 4677/1985, titled 'M.C. Mehta v. Union of India and Ors.'. 5.

Pending application stands disposed of.

JYOTI SINGH, J JANUARY 09, 2025/shivam W.P.(C) 194/2025 Page 2 of 2 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 24/01/2025 at 12:41:23