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High Court of Delhi · body

1946 DAILYLAW 5 (DEL)

MUKESH PHUTELA & ORS. v. MUNICIPAL CORPORATION OF DELHI THROUGH COMMISSIONER & ANR.

CONT.CAS(C)/1946/2025 · 2026-08-31

Mini Pushkarna

Writ Petition (Civil)body1946

Judgment text

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$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC011049632025 + CONT.CAS(C) 1946/2025 MUKESH PHUTELA & ORS. .....Petitioners Through: Mr. Sanskar and Mr. Vinay, Advs. versus MUNICIPAL CORPORATION OF DELHI THROUGH COMMISSIONER & ANR. .....Respondents Through: Mr. Abhinav Singh, Sc with Mr. Pearl Khurana, Adv. for MCD CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA O R D E R % 31.08.2026 1. The present petition has been filed alleging wilful disobedience of the order dated 24th February, 2025 passed in W.P.(C) 11425/2024, wherein, it had been directed as follows: “xxx xxx xxx xxx xxx xxx” 2. A Status Report has now been filed on behalf of the Municipal This is a digitally signed order. 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 07/09/2026 at 14:09:58 Corporation of Delhi (“MCD”), wherein, it is stated as follows: “xxx xxx xxx xxx xxx xxx” 3. Perusal of the aforesaid Status Report clearly shows that pursuant to the directions of this Court, the property in question, i.e., E-16/644, Bapa This is a digitally signed order. 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 07/09/2026 at 14:09:58 Nagar, Tank Road, Karol Bagh, New Delhi was de-sealed temporarily by the MCD for a period of thirty days. 4. After the property was de-sealed, the petitioner has already removed the malba and has also demolished the columns on the ground floor and basement, and the property has been re-sealed by the MCD on 27th May, 2025. 5. On a pointed query by this Court, learned counsel appearing for the respondent-MCD submits that as on date there is no unauthorized construction existing in the property in question. 6. Accordingly, if that be the case, the MCD is directed to forthwith de- seal the property. However, it is clarified that any further construction in the property shall be carried out by the petitioner only after obtaining a sanctioned building plan from the MCD. 7. Accordingly, the petitioner is directed to approach the Deputy Commissioner of the Karol Bagh Zone for the purpose of de-sealing of the property. 8. The property shall be de-sealed by the MCD after following the due procedure, in accordance with law. 9. It is directed that the petitioner shall not misuse the property in any manner whatsoever and shall not carry out any unauthorized construction in the property. 10. With the aforesaid directions, the present petition is accordingly, disposed of. MINI PUSHKARNA, J AUGUST 31, 2026/KR This is a digitally signed order. 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 07/09/2026 at 14:09:58