W.P.(C) 3856/2024 $~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3856/2024 AVANTIKA VYAPAR MANDAL (REGD.) .....Petitioner Through: Mr. Avadh Bihari Kaushik, Mr. Rishabh Kumar and Mr. Kartik Sharma, Advocates. versus MUNICIPAL CORPORATION DELHI & ORS. .....Respondents Through: Mr. Ashutosh Gupta, Advocate for MCD. Ms. Kritika Gupta, Advocate for DDA. Mr. Niraj Kumar and Mr. Chaitanya Kumar, Advocates for Delhi Police. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 08.07.2026 1. The present petition alleges illegal and unauthorised construction and/or encroachment in properties existing in Avantika Market, Sector-1&2, Rohini, Delhi-110085, including the properties mentioned in Annexure A-2 of the present writ petition and the survey report dated 13th February, 2009 (Annexure A-7) filed by the respondent no.1/MCD. 2. On 15th March, 2025, counsel for the respondent no.1/MCD submitted that a comprehensive inspection shall be made of all the properties/shops in the said market and appropriate action in accordance with law shall be taken in respect of all shops where unauthorised construction has been raised 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 13/07/2026 at 15:59:06 W.P.(C) 3856/2024 and/or where there is any encroachment on the government land. 3. Status reports were filed on behalf of respondent no.1/MCD and respondent no.2/Special Task Force. 4. In the counter affidavit filed on behalf of MCD, it is stated that against the demolition/sealing order passed against the members of the petitioner-association, approximately 35 appeals have been filed before the ATMCD, Delhi. During the pendency of the said appeals, the Judicial Committee appointed by the Supreme Court vide order dated 17th July, 2023, in the matter of one Praveen Kumar, directed MCD to remove encroachment in 32 properties belonging to the members of the petitioner-association. 5. Along with the affidavit filed on behalf of respondent no.2/STF, a copy of the order dated 27th August, 2024 passed by the Judicial Committee in Appeal No.1/2023, it has specifically been directed that demolition action by MCD shall not be random and shall proceed only after MCD obtains development plans from DDA and after notifying the occupants that the buildings are outside the boundary of the plot. Paragraph 5 of the said order is set out below:- “5. The fresh application filed before us is disposed of directing that demolition of the encroached areas by the MCD shall not be random and shall be preceded by the MCD obtaining the development plans from DDA and with reference to the said plans notifying the occupants of the buildings that they are occupying an area outside the boundary of the plot. Upon receiving a response, an order would be passed and subject to the right of the noticee to take action as per law, demolition restricted to removing the construction on the area beyond the plot area would be resorted to. Status quo till then be maintained. The occupants of the properties shall not make any fresh constructions till the aforesaid exercise is completed.” 6. In light of the aforesaid status report, the present writ petition is disposed of while directing respondents to strictly act in terms of the 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 13/07/2026 at 15:59:06 W.P.(C) 3856/2024 directions of the Judicial Committee as set out above. It is further directed that the respondents will not act in a pick and choose manner. AMIT BANSAL, J JULY 8, 2026 Vivek/- 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 13/07/2026 at 15:59:06