V. P. NAHAR v. MUNICIPAL CORPORATION OF DELHI THROUGH ITS COMMISSIONER & ORS.
W.P.(C)/7136/2025 · 2025-09-11
Mini Pushkarna
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 19338 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19338 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7136/2025 & CM APPL. 57355/2025, CM APPL. 57356/2025
V. P. NAHAR
.....Petitioner
Through: Mr. Kirti Uppal, Sr. Adv. with Mr. Ravi Bassi, Mr. Shrey Sharawat, Advocates along with petitioner in person (M:9810021293) Email:advocateravibassi@gmail.com
versus
MUNICIPAL CORPORATION OF DELHI THROUGH ITS COMMISSIONER & ORS.
.....Respondents
Through: Ms. Shilpa Dewan, ASC-MCD (M:9971192772)
Email:shilpadewan06@gmail.com
Mr. Badar Mahmood, SPC for Resp- 4, SHO Mayur Vihar
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R %
11.09.2025
1. The present application has been filed on behalf of the petitioner seeking a stay on the Demolition Order dated 22 CM APPL. 57355/2025 nd
2.
Learned counsel for the petitioner submits that pursuant to the directions passed by this Court, an inspection of the property in question was August, 2025, passed by the Municipal Corporation of Delhi (“MCD”). 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 15/09/2025 at 12:13:16
carried out, on 16th
3. Thereafter, a Show Cause Notice dated 17 June, 2025. th
4. It is submitted that the petitioner gave his reply dated 30 June, 2025, was issued to the petitioner. However, the said Show Cause Notice was never served upon the petitioner, and it was only subsequently that the petitioner came to know about the same. th
5.
Learned counsel appearing for the petitioner submits that the petitioner is entitled to statutory protection under the Delhi Laws (Special Provisions) Act, 2006, and successive extension Acts, which categorically bar punitive action against constructions, which exist since prior to the cut- off date, i.e., 01 June, 2025 to the said Show Cause Notice. However, without considering the reply of the petitioner, the Demolition Order has been passed. st
6. Per contra, learned counsel appearing for the respondent no.1-MCD submits that due hearing was granted to the petitioner before the Demolition
Order was passed. January, 2006.
7. Be that as it may, considering the submissions made before this Court, the petitioner is granted protection for a period of three weeks, in order to approach the Appellate Tribunal MCD (“ATMCD”).
8. In case, there is no Presiding Officer in the ATMCD at the time of filing of the appeal the protection granted today, shall extend to any next date which is given by the ATMCD.
9. With the aforesaid directions, the present application is accordingly
disposed of.
10.
Learned counsel for respondent-MCD submits that qua the W.P.(C) 7136/2025 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 15/09/2025 at 12:13:16
unauthorized construction existing in the property of respondent nos. 5 and 6, a Demolition Order dated 17th
11. Accordingly, the Station House Officer (“SHO”), Police Station Mayur Vihar, is directed to give all assistance to the MCD, as and when action is fixed qua the unauthorized construction with respect to the property of respondent nos. 5 and 6. march, 2025, has already been passed. She submits that action was fixed twice. However, the said actions could not be taken, since the Police was not available.
12. MCD is bound to take full action against the existing unauthorized construction in the property of respondent nos. 5 and 6.
13. In case, the petitioner is aggrieved by any non-action on behalf of the MCD, the petitioner is at liberty to approach the Special Task Force (“STF”), as constituted by the Supreme Court, in terms of the orders passed by the Division Bench of this Court in the case of Devender Versus Govt. of NCT of Delhi and Ors., in W.P.(C) 1807/2018 and Fazruddin Versus DDA and Ors. in W.P.(C) 4649/2017.
14. Legal rights of respondent nos. 5 and 6 are also reserved. In case respondent nos. 5 and 6, have any grievances with the action taken by the MCD, they are at liberty to seek their remedies, in accordance with law.
15. Noting the aforesaid, the present petition, along with the pending application, is accordingly disposed of.
16. The next date of hearing of 06th
MINI PUSHKARNA, J SEPTEMBER 11, 2025/au November, 2025, stands cancelled. 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 15/09/2025 at 12:13:16
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 15/09/2025 at 12:13:16