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2025 DAILYLAW 21606 (DEL)

SUSHIL KHATTER & ORS. v. MUNICIPAL CORPORATION OF DELHI & ORS.

W.P.(C)/8680/2025 · 2025-09-17

Mini Pushkarna

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8680/2025 & CM APPL. 51137/2025, CM APPL. 58986/2025 SUSHIL KHATTER & ORS. .....Petitioners Through: Mr. Karan Chhibber, Mr. Pushpendra Verma, Advocates (M:9560099232) versus MUNICIPAL CORPORATION OF DELHI & ORS......Respondents Through: Mr. Rakesh Malhotra, Mr. Bharat Malhotra, Ms. Smritika Kesri, Mr. Archit Talwar, Advs. for MCD Mr. Satya Ranjan Swain (CGSC) Mr. Ankush Kapoor, Advocate for Respondent No. 2 (DP) Email -thechambers.srs@gmail.com Ph. 8860189238 Mr. Sharique Hussain, Ms. Kirti Garg, Advocates for R-3 (M:7899682206) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA 1. The present writ petition has been filed seeking directions to respondent no. 1, i.e., Municipal Corporation of Delhi (“MCD”), for taking action against the unauthorized construction in the property bearing no. 1032, Ward No. 8, Mehrauli, Delhi-110030. O R D E R % 17.09.2025 2. Learned counsel for the respondent no.1-MCD has drawn the attention of this Court to the Status Report dated 01st September, 2025 filed on behalf of the MCD, relevant portions of which, are 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 19/09/2025 at 12:22:38 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 19/09/2025 at 12:22:38 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 19/09/2025 at 12:22:38 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 19/09/2025 at 12:22:38 ” 3. Learned counsel for the respondent no.1-MCD submits that further demolition action was also taken on 16th 4. At this stage, learned counsel for the petitioners submits that though action is being taken by the MCD, however, unauthorized construction in the property in question is still continuing. September, 2025. 5. Accordingly, MCD, along with Station House Officer (“SHO”) Police Station, Mehrauli, is directed to ensure that no further unauthorized construction takes place in the property in question. 6. At this stage, learned counsel for the petitioner draws the attention of this Court to the Demolition Order dated 08th 7. Learned counsel for the petitioners submits that the said property is July, 2024 passed by the Building Department, South Zone, Municipal Corporation of Delhi, wherein, the address of the property has been shown as property No. 1032, Ward No.8, Sampada Apartment, Mehrauli, New Delhi. 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 19/09/2025 at 12:22:38 not in Sampada Apartment, therefore, wrong address has been given. Accordingly, the respondent no.1-MCD is directed to correct its Demolition Order and reflect the correct address of the property. 8. The respondent no. 4, i.e., the builder in question, is restrained from carrying out any unauthorized construction. Any construction in the property shall be carried out only after getting proper permission and sanction from the MCD. 9. The MCD is held bound to take action against the unauthorized construction and also to ensure that no further unauthorized construction takes place in the property in question. 10. In case the petitioners are aggrieved by any non-action on the part of the respondent no.1-MCD, the petitioners would be at liberty to revive the present writ petition. 11. Accordingly, with the aforesaid directions, the present writ petition, along with pending applications, is accordingly disposed of. 12. The next date of hearing, i.e., 08th MINI PUSHKARNA, J SEPTEMBER 17, 2025/au October, 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 19/09/2025 at 12:22:38