$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7343/2025 & CM APPL. 33013/2025 VAISHALI TYAGI .....Petitioner Through: Mr. Bir Inder Singh Gurm and Mr. Aditya Verma, Advs. along with petitioner in person. Mob: 9968446016 Mr. Raghav Bansal and Mr. Shashwat Bansal, Advs. Mob: 9810372521 versus MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through: Mr. Ajjay Arora, Sr. Adv. with Mr. Arush Kapoor, Mr. Nitish Dubey, Advs. for R-2 Mob: 9910950400 Email: arushkapoor24@gmail.com Mr. Anand Prakash, SC for MCD with Ms. Varsha Arya, Advs. (Through VC) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA O R D E R % 11.09.2025 1. The present petition has been filed for directions to the respondent no. 1, i.e., Municipal Corporation of Delhi (“MCD”), to take action against the illegal structure at Plot No. 61, Banarasi Das Estate Timarpur, Civil Lines, New Delhi. 2. This Court notes that a Status Report dated 10th September, 2025, has been filed on behalf of the MCD, wherein, it is stated as follows: 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 12:25:30 “xxx xxx xxx 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 12:25:30 xxx xxx xxx” 3. Perusal of the aforesaid Status Report shows that the regularization application of the co-owner of the property in question, i.e., Sh. Shambhu Nath Gupta, has already been rejected by the MCD on 13th May, 2025, and a Demolition Order dated 22nd May, 2025, has been passed. Sh. Shambhu Nath Gupta has filed appeals before the Appellate Tribunal MCD (“ATMCD”), i.e., Appeal Nos. 326/2025 and 370/2025, against the rejection of the regularization application and the Demolition Order, respectively. 4. The Status Report further shows that Sh. Shambhu Nath Gupta has applied for fresh regularization on 20th August, 2025, which is under process. 5. Learned Senior Counsel appearing for respondent no. 2, i.e., Sh. Shambhu Nath Gupta, has handed over to this Court order dated 05th August, 2025, passed in Appeal No. 370/2025, which reads as under: 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 12:25:30 6. By referring to the aforesaid order, learned Senior Counsel appearing for respondent no. 2 submits that status quo has been directed to be maintained in respect of the subject property, till the next date of hearing and further, the MCD has agreed to consider the regularization application of the said Sh. Shambhu Nath Gupta. 7. Accordingly, it is directed that the MCD shall take action against the unauthorized construction/encroachment in the property in question, subject to any orders that may be passed by the ATMCD, and in the regularization application of the owner/occupier of the property in question. 8. In case, the MCD is of the view that there are non-compoundable 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 12:25:30 deviations and encroachment, directions in that regard shall be issued to the owner/occupier of the property in question, who shall forthwith remove the same. 9. In case, said non-compoundable deviations or excess coverage/ encroachment is not removed by the owner/occupier of the property in question, the MCD shall be at liberty to take action, in accordance with law. 10. The MCD is bound to take action against the unauthorized construction existing in the property in question, after following the due process. 11. Rights and contentions of all the parties are left open. 12. In case, any of the parties are aggrieved by any action or non-action of the MCD, they shall have the liberty to seek their remedies, in accordance with law. 13. With the aforesaid directions, the present writ petition, along with the pending application, is accordingly disposed of. MINI PUSHKARNA, J SEPTEMBER 11, 2025/SK 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 12:25:30