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2025 DAILYLAW 29152 (DEL)

PAMMI v. MUNICIPAL CORPORATION OF DELHI & ORS.

W.P.(C)/13626/2025 · 2025-09-04

Mini Pushkarna

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13626/2025 & CM APPL. 55843/2025, CM APPL. 55844/2025 PAMMI .....Petitioner Through: Mr. Vipul Goel, Adv. versus MUNICIPAL CORPORATION OF DELHI & ORS......Respondents Through: Mr. Kushagra Kumar, SPC for Delhi Police Mr. Tajinder Virdi, SC for MCD (Through VC) Mr. Kush CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA O R D E R % 04.09.2025 1. The present writ petition has been filed seeking directions to the respondents to take action in respect to the unauthorized and illegal construction on the Plot situated at F-76, Katwaria Sarai, New Delhi- 110016, wherein, illegal/extended construction has been carried out on the fourth and fifth floors of the property by respondent nos. 4 to 6. There is further prayer that the gate installed at the third floor of the property is question by respondent nos. 4 to 6 be also removed, as the same has stopped and violated the right of the petitioner to access the terrace. 2. Responding to the present writ petition, learned counsel appearing for respondent no.1, i.e., Municipal Corporation of Delhi (“MCD”) submits that the entire property in question has already been booked on 02nd September, 2025, and a Show Cause Notice has also been issued. He submits that 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 08/09/2025 at 12:35:15 further action shall be taken in accordance with law, after following the due procedure. 3. The aforesaid statement made by the learned counsel appearing for the MCD is taken note of, and MCD is held bound by the aforesaid statement. 4. Accordingly, it is directed that requisite action against the unauthorized construction in the property in question shall be taken by the MCD with the assistance of the Station House Officer (“SHO”), Police Station, Kishangarh, after following the due procedure, and in accordance with law. 5. The MCD is also directed to ensure that the access of the petitioner to the terrace is not obstructed in any manner. 6. It is directed that the MCD shall take requisite action expeditiously, preferably, within a period of three months, from today. 7. In case the petitioner is aggrieved by any non-action on the part of the MCD, the petitioner shall be at liberty to seek his remedies, in accordance with law. 8. Likewise, in case, the owner/occupier of other portions of the property in question, are aggrieved by any action on the part of the MCD, they shall have the liberty to seek their remedies, in accordance with law. 9. With the aforesaid directions, the present writ petition, along with the pending applications, stands disposed of. MINI PUSHKARNA, J SEPTEMBER 4, 2025/KR 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 08/09/2025 at 12:35:15