$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18639/2025, CM APPL. 81169/2025 & CM APPL. 81170/2025 ATEEB RAZA & ORS. .....Petitioners Through: Ms. Tanya Agarwal, Mr. Sameer Mewati, Mr. Krishna Kumar Keshav and Mr. Ankush Khanna, Advs. M: 9205868644 Email: Tanya.advocate@gmail.com versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Ashutosh Gupta, ASC (Through VC) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA O R D E R % 22.12.2025 CM APPL. 81169/2025 1. The present application has been filed on behalf of the respondent- Municipal Corporation of Delhi (“MCD”), seeking vacation of the interim stay granted by this Court vide order dated 08th December, 2025, wherein, the respondent has been restrained from taking any coercive action against the property bearing nos. 3023-3026, Charkhewalan, Ballimaran, Hauz Qazi, Delhi-110006, for a period of three weeks. 2. It is submitted that vide order dated 08th December, 2025, this Court had directed that the petitioners shall not carry out any fresh unauthorized 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 23/12/2025 at 15:01:31 construction in the subject property, and that the petitioners made a voluntary and unequivocal undertaking before this Court that the petitioners would maintain a complete status quo with respect to the construction. However, after the passing of the said order, the petitioners have proceeded to carry out massive unauthorized construction at the property bearing Nos. 3023-3026, Charkhewalan, Ballimaran, Hauz Qazi, Delhi-110006. 3. Issue notice. Notice is accepted by learned counsel appearing for the petitioners. 4. Learned counsel appearing for the petitioners draws the attention of this Court to paragraph 4 of the present application filed on behalf of the MCD, which reads as under: “xxx xxx xxx 4. That upon inspection by the field staff of the answering respondent on 10.12.2025, it was found that the petitioners have raised fresh construction by illegally constructing additional floors, namely the second floor, third floor and fourth floor, which did not exist earlier. The said construction has been carried out surreptitiously and in complete abuse of the protection granted by this Hon'ble Court. xxx xxx xxx” 5. She further draws the attention of this Court to Annexure R-4, attached with the present application, which is a Show Cause Notice dated 08th December, 2025 issued by the MCD. The said Show Cause Notice 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 23/12/2025 at 15:01:31 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 23/12/2025 at 15:01:31 6. By referring to the aforesaid, she submits that in the present application, it is the case of the respondent-MCD that third and fourth floors have been constructed by the petitioners after passing of the order dated 08th December, 2025. However, the Show Cause Notice dated 08th December, 2025, as issued by the MCD itself mentions third and fourth floors having unauthorized construction on the entire floor. 7. She further submits that the photographs, as attached with the present application, are of a different property. 8. Accordingly, considering the submissions made before this Court, Station House Officer (“SHO”), Police Station-Hauz Qazi is directed to file a Status Report with regard to the averments as recorded in the present order. 9. Let Report be filed by the SHO, Police Station-Hauz Qazi, within a period of two weeks, from today. 10. Considering the aforesaid directions, SHO Police Station-Hauz Qazi is impleaded as respondent no. 2 in the present writ petition. Let Court Notice be issued through Standing Counsel Union of India. 11. Amended Memo of Parties be filed by the petitioners, before the next date of hearing. 12. List on 06th January, 2026. MINI PUSHKARNA, J DECEMBER 22, 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 23/12/2025 at 15:01:31