W.P.(C) 3090/2025 $~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3090/2025 S INDRAVE SINGH MANN .....Petitioner Through: Mr. Malak Bhatt, Ms. Neeha Nagpal, Ms. Sukanya Joshi and Mr. Amit Sethi, Advocates. versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Gyanendra Kumar, Standing Counsel for MCD. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 11.03.2025 CM APPL. 14649-650/2025 1. Allowed, subject to all just exceptions. 2. Applications stand disposed of. W.P.(C) 3090/2025 3. This writ petition is preferred on behalf of the Petitioner under Article 226 of the Constitution of India seeking the following relief:- “a. Issue a Writ of Mandamus and/or Certiorari or any other appropriate writ/order/directions, directing Respondent No. 1 to immediately take appropriate action for immediate removal of unauthorized construction at property bearing no.1&1A, Friends Colony (West) Mathura Road, in the portions belonging to Respondent(s) 2 and 3; and/or” 4. Issue notice. 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 17/03/2025 at 11:53:10 W.P.(C) 3090/2025 5. Mr. Gyanendra Kumar, learned Standing Counsel accepts notice on behalf of MCD. 6. At the outset, learned counsel for the Petitioner submits that he has received a copy of the order dated 28.02.2025 from MCD stating therein that action was initiated against Plot No. 1, Friends Colony West, New Delhi, under Sections 344(1) and 343 of the Delhi Municipal Corporation Act, 1957 (1957 Act) for unauthorized construction in the shape of subdivision of plot by erecting a partition wall and infringement in the set back in the shape of toilet room and porta cabin and raising of structure over porch at 1st floor against sanctioned building plan and accordingly, show cause notice under Sections 344(1) and 343 of the 1957 Act was issued on 03.07.2024 to Shri S. Gurnihal Singh Mann and Shri S. Govind Singh Mann, owner/occupier of the subject property. Reply to the show cause notice was received on 09.07.2024 from Shri S. Gurnihal Singh Mann through his counsel seeking opportunity of personal hearing, which was allowed and hearing was fixed for 15.07.2024, however, no one attended the hearing and on a further request, hearing was fixed for 22.07.2024. Ms. Kismat Kaur Mann, daughter of Gurnihal Singh Mann attended the personal hearing and requested for a date, which request was acceded to and hearing was adjourned to 30.07.2024. 7. If is further stated that on 30.07.2024 time was sought by Ms. Mann to produce some documents and she was allowed to do so and hearing was adjourned to 08.08.2024, when again further time was sought and was allowed. After seeking dates again and again, finally hearing was fixed for 18.09.2024, when no one appeared and hearing was closed. Looking into the documents on record and examining the stand of the owner/occupier 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 17/03/2025 at 11:53:10 W.P.(C) 3090/2025 subject property, vide order dated 28.02.2025, Assistant Engineer (Building), MCD in exercise of powers under Section 343 read with Section 491 of 1957 Act has directed the owner/occupier of the subject property to demolish unauthorised construction within 15 days and in the event of non-compliance, MCD shall take action in accordance with law and at the risk and cost of the owner of the property. 8. Learned counsel for MCD, on instructions, submits that the demolition action is now scheduled for 25.03.2025, subject to availability of police force for which necessary requisition will be sent. 9. In view of the order dated 28.02.2025, copy of which is taken on record, no further order is required to be passed and the writ petition is disposed of. Needless to state that MCD will take further action after complying with statutory formalities and keeping in view the guidelines laid down by the Supreme Court in In Re: Directions in the matter of demolition of structures, 2024 SCC OnLine SC 3291. 10. This order is passed without prejudice to the rights and contentions of owners/occupiers/Respondents No. 2 to 3. In case of any surviving/further grievance, Petitioner will be at liberty to take recourse to legal remedies. JYOTI SINGH, J MARCH 11, 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 17/03/2025 at 11:53:10