W.P.(C) 2286/2025 Page 1 of 3 $~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2286/2025 RAKESH AGGARWAL .....Petitioner Through: Ms. Kritika Gupta, Advocate. versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Abhinav Singh, ASC with Mr. Praveen Kaushik, Advocate for R-1. Mr. Kanav Vir Singh, SPC with Ms. Avshreya Pratap Rudy, Mr. Viduur Dwivedi, Ms. Usha Jamnal, Ms. Harshita Chaturvedi, Advocates for R-2/Delhi Police. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 24.02.2025 CM APPL. 10755/2025 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. W.P.(C) 2286/2025 and CM APPL. Nos. 10754/2025 3. This writ petition is preferred on behalf of the Petitioner under Article 226 of the Constitution of India seeking the following reliefs:- “a) Pass an order thereby allowing the present petition and issue a writ, order, or direction thereby directing the Respondent No. 1 and Respondent No. 2 to take appropriate action for immediately demolishing the illegal and unauthorised construction in the form of construction in the form of Second, Third and Fourth Floor at Plot No. 23-B, Gali No. 12, Anand Parbat, Delhi 110005 being raised by Respondent No. 3 in violation of Delhi Municipal Corporation Act, 1957 raised by Respondent No. 3 as the same is being raised in violation of Delhi Municipal Corporation Act, 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 07/03/2025 at 12:32:54 W.P.(C) 2286/2025 Page 2 of 3 1957; and b) Issue a Writ / order/ direction in the nature of Mandamus or any other nature, directing the Respondent No. 1 to conduct an immediate inspection of the illegal and unauthorised construction in the form of Second, Third and Fourth Floor at Plot No. 23-B, Gali No. 12, Anand Parbat, Delhi 110005 raised by Respondent No. 3; and” 4. Issue notice. 5. Counsels, as above, accept notice on behalf of the respective Respondents. 6. Appearing on advance copy of the writ petition, learned Additional Standing counsel for MCD submits that the property being Plot No. 23-B, Gali No. 12, Anand Parbat, Delhi was inspected and it was found that ground, first and second floors are old and occupied while there is unauthorized construction on the third floor in the shape of erection of walls and columns. Accordingly, the property was booked and show cause notice dated 21.02.2025 under Sections 344 (1) and 343 of the Delhi Municipal Corporation Act, 1957 (‘1957 Act’) was issued to the owner/occupier/builder of the subject property to show cause within 15 days why demolition order be not passed under Section 343 of the 1957 Act. Work stop notice dated 21.02.2025 was issued and sent to the SHO, PS: Anand Parbat. Copies of show cause notice and work stop notice have been handed over and are taken on record. It is submitted that further action will be taken on receipt of reply, if any, from the owner/occupier of the subject property and depending upon the response given. 7. In light of the stand of MCD that subject property has been booked and show cause notice has been issued to owner/occupier/builder of the subject property and further action will be taken once the response is received, no further order is required to be passed at this stage, save and 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 07/03/2025 at 12:32:54 W.P.(C) 2286/2025 Page 3 of 3 except, directing that any further action by MCD will be compliant with applicable statutory provisions under the 1957 Act and in consonance with the guidelines laid down by the Supreme Court in In Re: Directions in the matter of demolition of structures, 2024 SCC OnLine SC 3291. 8. In case of any surviving/further grievance, Petitioner will be at liberty to take recourse to appropriate legal remedies. This order is passed without prejudice to the rights and contentions of the owner/occupier/builder of the subject property. 9. Writ petition along with pending application stands disposed of in the aforesaid terms. JYOTI SINGH, J FEBRUARY 24, 2025/shivam 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 07/03/2025 at 12:32:54