DINESH BABU ALIAS DINESH BHARDWAJ v. GOVT. OF NCT OF DELHI AND ORS
W.P.(C)/13086/2025 · 2025-08-27
Mini Pushkarna
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 28483 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28483 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13086/2025 & CM APPL. 63342/2025
DINESH BABU ALIAS DINESH BHARDWAJ .....Petitioner Through: Ms. Jyoti Gandhi, Adv. (Through VC)
versus
GOVT. OF NCT OF DELHI AND ORS. .....Respondents Through: Ms. Nitika Bhutani, Panel Counsel for GNCTD
Mob: 9953572757
Email: nitikabhutaniadv@gmail.com
Ms. Vidhi Jain and Ms. Namisha Chadha, Advs. for MCD Mob: 9654454567 Email: jainvidhi17@gmail.com Mr. Chetanya Puri, SPC with Ms. Heeba Ansari, Adv. for R-6/D.P. Mob: 9810884689 Email: chetanya.puri@gmail.com
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R %
09.10.2025
1. The present application has been filed on behalf of respondent nos. 2 to 5, for modification of the order dated 27 CM APPL. 63342/2025 th
2. It is submitted that the present matter pertains to the plot measuring 125 square yards, Khasra No. 435, I-Block, Bhagat Singh Park, Siraspur, August, 2025, passed in the present writ petition. 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 10/10/2025 at 17:14:10
Delhi-110042. It is submitted that on the basis of the submissions made and documents produced before this Court, the matter was disposed of by this Court, vide order dated 27th
3. However, this application has been filed on the ground that subsequently, it came to the knowledge that there was some inadvertent error, at the time of making submissions before this Court. Thus, the present application has been filed to bring on record the correct facts, pertaining to the action taken by the MCD, against the property in question. August, 2025. 4. It is submitted that as per record, the owner/builder of the property bearing Khasra No. 455, Bhagat Singh Park, Siraspur, Pole No. 507-19 23/2/3, in front of Premwati Kunj, Plot No. 8-A, Delhi-110042, had raised unauthorized construction comprising the entire ground floor and first floor, which was booked on 22nd
5. Consequently, a notice was issued under Sections 343 and 344 of the Delhi Municipal Corporation Act, 1957 (“DMC Act”) on 23 April, 2025. rd April, 2025, wherein, date of personal hearing was fixed as 13th
6. Subsequently, Work Stop Notice dated 28 May, 2025. th
7.
It is submitted that on 13 April, 2025 was also issued by the MCD to the concerned Station House Officer (“SHO”). th May, 2025, i.e., the date fixed for personal hearing, Shri Raman Chaudhary appeared for hearing and filed a reply to the Show Cause Notice. After affording personal hearing and considering the documents on record, a Demolition Order was passed on 03rd
8. Subsequently, since the owner/builder failed to demolish the unauthorized construction within the stipulated period, demotion action was undertaken on 19 July, 2025, directing the demolition of the unauthorized construction. th August, 2025, by the 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 10/10/2025 at 17:14:10
9. It is submitted that during the said demotion action one RCC slab panel was demolished, the reinforcement was cut with the help of a gas cutter and the same was rendered unusable. 10. Further, a letter for disconnecting the electricity and water supply/sewerage was also issued on 07th
11. Thus, it is submitted that the aforesaid correct facts of the case may be taken on record. August, 2025. 12. Issue notice. Notice is accepted by learned counsels appearing for the petitioner and respondent nos. 1 to 6. 13. Considering the submissions made before this Court, it is directed that the order dated 27th
14. It is further directed that in case, any further action is required to be taken by the MCD, the same shall be taken by the MCD, in accordance with law. August, 2025, shall be modified to incorporate the aforesaid facts as brought forth, on behalf of respondent nos. 2 to 5. 15. In case, any party is aggrieved by any action or non-action on the part of the MCD, their rights to seek their legal remedies, is reserved. 16. With the aforesaid clarification and modification, the present application is accordingly disposed of. MINI PUSHKARNA, J OCTOBER 9, 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 10/10/2025 at 17:14:10