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High Court of DelhiW.P.(C)/18860/2025

Deepanshu Bansal v. Government Of NCT Of Delhi & ORS.

2025-12-12Hon'Ble Ms. Justice Mini Pushkarna5 pages

$~40 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 18860/2025 & CM APPL. 78486/2025 DEEPANSHU BANSAL .....Petitioner Through:

Mr. A.K. Mishra, Adv.

versus GOVERNMENT OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Manish Srivastava, Mr. Moksh Arora and Mr. Santosh Ramdurg, Advs. for R-9 Mr. Aditya Saluja, Adv. for R- 5, 6 and 7 Mr. M.S. Oberoi, SC for MCD

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 12.12.2025 1.

The present writ petition has been filed seeking directions against the illegal, arbitrary and discriminatory action undertaken by the Municipal Corporation of Delhi ("MCD") in demolishing the property of the petitioner, i.e., 27-A, J & K Extension, Laxmi Nagar, Delhi. 2.

Learned counsel appearing for the petitioner submits that the demolition action taken by the MCD is selective, arbitrary and discriminatory. It is submitted that there are numerous adjoining properties, constructed by the respondent nos. 5 to 7, up to five and six floors without any sanction and in gross violation of the MCD Bye-laws. However, the MCD has not taken any demolition action against the said properties. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

He further submits that demolition orders and sealing orders have been passed against the properties of the respondent nos. 5 to 7, details of which, as given the writ petition, are as follows: 4.

Thus, it is submitted that the action taken by the MCD against the petitioner is vindictive and retaliatory.

5.

This Court notes that a writ petition being W.P.(C) 2590/2025 was filed before this Court regarding unauthorized construction in the property in question, which came to be disposed of vide order dated 24th September, 2025, in the following manner:

1.

The present writ petition has been filed seeking directions to the respondents to take action against the unauthorized construction existing in the Plot No. 27-A, J&K Ext., Laxmi Nagar, Delhi-110092. 2.

A Status Report dated 20th March, 2025 has been filed on behalf of the Municipal Corporation of Delhi ("MCD"), relevant portion of which, reads as under:

"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.

"

3.

Perusal of the aforesaid Status Report shows that the MCD has taken demolition action with respect to the unauthorized construction in the property in question on 19th February, 2025 itself. Further, sealing action was also done by the MCD on 19th February, 2025, wherein, the entire fourth floor, including, two shops at ground floor of the premises, have been sealed.

4.

Further, demolition action was also taken by the MCD on 28th February, 2025, 17th March, 2025 and 18th March, 2025. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

Considering the aforesaid, it transpires that the MCD is already taking the requisite action against the property in question. 6.

Accordingly, no further orders are required to be passed in the present petition.

7.

MCD shall ensure that no further unauthorized construction takes place in the property in question.

8.

In case, any of the parties 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.

9.

With the aforesaid directions, the present writ petition is accordingly disposed of."

6.

Perusal of the aforesaid order shows that the MCD took action after following its due procedure.

7.

In case, the petitioner has any grievance against the demolition order or any action taken by the MCD, the petitioner is at liberty to file the statutory appeal in that regard.

8.

As regards the other properties in the area in question, as mentioned hereinabove, wherein, action against unauthorized construction is yet to be taken, the MCD is directed to assess the extent of construction existing in the aforesaid properties.

9.

The petitioner is at liberty to approach the MCD in this regard. 10.

With the aforesaid directions, the present writ petition, along with the pending application, is accordingly disposed of. MINI PUSHKARNA, J DECEMBER 12, 2025/KR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.