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High Court of DelhiW.P.(C)/275/2025

Uma Sharma v. Municipal Corporation Of Delhi, Through Its Commissioner & ORS.

2025-01-10Hon'Ble Ms. Justice Jyoti Singh2 pages

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 275/2025 UMA SHARMA .....Petitioner Through:

Mr. Pushaan Singh Gullia, Advocate.

versus MUNICIPAL CORPORATION OF DELHI, THROUGH ITS COMMISSIONER & ORS.

.....Respondents Through:

Mr. Anuj Gupta, Advocate for Respondent No.1/MCD.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 10.01.2025 CM APPL. 1338/2025 1.

Exemption allowed, subject to all just exceptions. 2.

Application stands disposed of.

W.P.(C) 275/2025 and CM APPL. 1337/2025 3.

This writ petition has been preferred on behalf of the Petitioner under Article 226 of the Constitution of India seeking the following reliefs: "A. Issue appropriate writ(s), order(s), or direction(s) in the nature of a writ of mandamus thereby directing the respondent no. 1 to 3 to immediately take appropriate steps in accordance with the law i.e. Delhi Municipal Corporation Act, 1957 to stop the illegal and unauthorised construction being carried out by the respondent no. 4, to prevent further unauthorised construction by the respondent no. 4, to further direct the demolition of the said property in question i.e. property bearing 4th Floor of property 182 to 186, Gali Rui Wali, Teilwara, Sadar Bazar, Delhi - 110006 in the interest of justice;"

W.P.(C) 275/2025 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 12:42:38

4.

Learned counsel appearing on behalf of Respondent No.1/MCD, on advance copy of the writ petition, submits that after the complaint dated 22.10.2024 was received from the Petitioner, the property was inspected and no fresh construction was found and only some renovation had been done in the form of laying of tiles on the floor. He further points out that even in this writ petition, there is no averment of any fresh construction, save and except, apprehension of construction in view of cement bags lying near the subject property.

5.

At this stage, learned counsel for the Petitioner seeks to withdraw this writ petition with liberty to take recourse to legal remedies in case there is any fresh cause of action.

6.

Petition is disposed of with liberty in accordance with law. Pending application also stands disposed of.

JYOTI SINGH, J JANUARY 10, 2025 B.S. Rohella W.P.(C) 275/2025 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 12:42:38