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2025 DAILYLAW 27282 (DEL)

OM PAL SINGH v. DY. COMMISSIONER (MCD NORTH EAST DISTRICT)

W.P.(C)/12214/2025 · 2025-08-13

Mini Pushkarna

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12214/2025 & CM APPL. 49789/2025 OM PAL SINGH .....Petitioner Through: Mr. R. P. S. Bhatti, Advocate Mob: 9810568180 versus DY. COMMISSIONER (MCD NORTH EAST DISTRICT) .....Respondent Through: Mr. Rakesh Malhotra, Mr. Bharat Malhotra and Ms. Shipra, Advocates Mob: 8447151507 Email: bharatmal@gmail.com CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA 1. The present writ petition has been filed with a prayer for direction to the respondent to decide the representation dated 31 O R D E R % 13.08.2025 st July, 2025 and reminder dated 01st 2. There is a further prayer for directions to the respondent to demolish the illegal construction being raised on the property measuring 200 Sq. Yards, forming part of Khasra No. 185, situated in the abadi of Village Chauhan Patti, Sabha Pur, Delhi -110094. August, 2025 of the petitioner. 3. Learned counsel appearing for the petitioner submits that the petitioner came to know, on 30th May, 2025, that some land grabbers of the locality had started raising a boundary wall on the land of the petitioner. Thus, a complaint dated 30th May, 2025 in that regard was made to the local 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 18/08/2025 at 12:35:01 Police Station Sonia Vihar, Delhi. 4. Further, on 31st May, 2025, the said illegal construction was stopped by the local police. However, when the petitioner again went to his property on 31st July, 2025, the petitioner saw that the land grabbers of the area were raising illegal and unauthorized construction on the property of the petitioner. Thus, it is submitted that a complaint dated 31st 5. It is submitted that reminder dated 1 July, 2025 was submitted by the petitioner with the respondent. st 6. In response, learned counsel appearing for the Municipal Corporation of Delhi (“MCD”), on advance notice, submits that the unauthorized construction in the aforesaid property has already been booked and a Show Cause Notice dated 4 August, 2025 was also submitted, however, no action has yet been taken by the respondent. Thus, the present writ petition has been filed. th 7. He further submits that Work Stop Notice dated 8 August, 2025 has already been issued. th 8. Considering the submissions before this Court, it is directed that the MCD shall take action against the unauthorized construction after following the due process, in accordance with law. August, 2025 has also been issued. Thus, it is submitted that the requisite action has already been initiated by the MCD. 9. The Station House Officer (“SHO”) of the Police Station Sonia Vihar, Delhi, is directed to ensure that no further unauthorized construction takes place in the property in question. 10. The action taken by the MCD against the unauthorized construction in question, shall be duly uploaded on the website of the Special Task Force (“STF”), as constituted by the Supreme Court. 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 18/08/2025 at 12:35:01 11. In case, the petitioner is aggrieved by any non-action on the part of the MCD, the petitioner is at liberty to approach the STF, in terms of the directions 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. 12. The MCD is bound to take action against the unauthorized construction and ensure that no further unauthorized construction takes place therein. 13. With the aforesaid directions, the present writ petition, along with the pending application, is disposed of. MINI PUSHKARNA, J AUGUST 13, 2025 ak 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 18/08/2025 at 12:35:01