$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8296/2025 and CM APPL. 36102/2025 JATIN KUMAR & ORS. .....Petitioners Through: Mr. Sachin Mishra, Ms. Shreya Bhardwaj, Mr. Rahul, Mr. Kashish Munja, Mr. Sumit Mishra and Mr.Anil Kumar, Advocates. Mob: 7261007726 Email: shreyabhardwaj.legal@gmail.com versus MUNICIPAL CORPORATION OF DELHI & ANR......Respondents Through: Mr. Kapil Dutta and Mr. Vansh Luthra, Advocates for respondent no.1/ MCD. Mob: 9811135509 Email: kapilduttamcd@gmail.com Mr. Ayush Gupta, Advocate for respondent no. 2. Mob: 9818402326 Email: ayush@gutalegal.in CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA O R D E R % 30.05.2025 1. The present writ petition has been filed seeking directions to respondent no. 1/Municipal Corporation of Delhi (“MCD”), to take immediate action against the illegal and unauthorized construction by respondent no. 2, at fourth floor of property bearing no. 28/152-153, Road 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 01/07/2025 at 19:43:11 Front Portion, West Patel Nagar, New Delhi-110008. 2. Issue notice. 3. Notice is accepted by learned counsels appearing for the respondents. 4. Learned counsel appearing for respondent no. 1/ MCD, who appears on advance notice, draws attention of this Court to the photograph attached with the present petition, to submit that demolition action on the fourth floor was earlier taken by the MCD. He submits that only the demolished portion, i.e., the pillars etc., which are existing on the property in question, have to be removed. 5. The photograph attached with the present petition is reproduced 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 01/07/2025 at 19:43:11 6. Learned counsel appearing for respondent no. 2 further submits that respondent no. 2 is owner of third, and not fourth floor of the property in question. 7. Per contra, learned counsel appearing for respondent no. 1/ MCD submits that earlier action was taken on the fourth floor of the property in question. 8. Learned counsel appearing for respondent no. 2 submits that he is only demolishing the portions which are standing after the earlier demolition action taken by the MCD. He further submits that respondent no. 2 shall not undertake any construction in the property in question, without seeking prior sanction from the MCD, in accordance with law. 9. The aforesaid statement is taken note of. 10. Noting the aforesaid, the writ petition, along with the pending application, is disposed of. MINI PUSHKARNA, J MAY 30, 2025 kd 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 01/07/2025 at 19:43:11