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2025 DAILYLAW 5427 (DEL)

NEETA JHANJHI v. MUNICIPAL CORPORATION OF DELHI & ANR.

W.P.(C)/505/2025 · 2026-07-17

Tejas Karia

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 505/2025 & CM APPL. 12007/2025 NEETA JHANJHI .....Petitioner Through: Mr.Pratyush Sharma with Mr.Binish Kumar, Advs. Ms.Aditi Gupta, Adv. versus MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondent Through: Mr.Manu Chaturvedi, S.C. for MCD. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 17.07.2026 1. Heard, Mr.Pratyush Sharma, learned counsel for the petitioner and Mr.Manu Chaturvedi, learned Standing Counsel representing the MCD. 2. This petition seeks the following prayers:- “1) Issue a writ in the nature of mandamus, order, direction or any other appropriate writ to initiate a court monitored special task force (STF) to :- (a) Initiate a court monitored survey to identify the illegal constructions and business activities in the area and act against them as per law. (b) Identify people / officials at respondent's end, who are supposed to be in the system to act tough against illegal construction / encroachments and business activities, but somehow compromising their duty, and punish them. (c) Scrutinize all complaints received at respondent's end for illegal construction / encroachments ./ illegal business activities, their present status, action taken etc. Any violation of 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 21/07/2026 at 11:14:55 law / compromise of duty, should be identified and officials accountable for lapses / compromise of law/duty, should be brought to court of law and punished. 2) Instruct respondent to take tough action against illegal construction by Mr Gulati and demolish the same. This will help petitioner to gain access to the top of the premises like water tank and will also demotivate illegal construction and business activities by Mr Gulati. 3) Any other relief / order(s) which this Hon'ble court deems fit and proper be also passed in the interest of justice so as to demotivate/punish the offenders / violators of law.” 3. The concern raised in this public interest litigation petition is in respect of certain illegal construction/encroachments and business activities. Certain other prayers have also been made seeking a direction to the respondents to scrutinise complaints received in respect of illegal construction/encroachments etc., and further to take action against such illegalities. 4. A perusal of prayer clause also reveals that certain action against the alleged illegal construction said to have been raised by respondent no.2 has also been sought and it has been prayed that the said alleged illegal construction be ordered to be demolished. It appears that the petitioner has intertwined the prayers where apart from seeking omnibus nature of directions, a direction has been sought in respect of one individual construction, which according to the petitioner is illegal. 5. Having regard to the prayers made in this petition, we are of the opinion that so far as the general direction sought by the petitioner in this petition is concerned, various statutory bodies such as Municipal Corporation of Delhi and Delhi Development Authority have evolved 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 21/07/2026 at 11:14:55 institutional mechanism to deal with any such complaint relating to illegal construction or encroachment or illegal business. If there is any such illegal construction or encroachment etc, on government land, the Sub-Judicial Magistrates are also been given certain authority under law. We also note that under orders of the Hon‟ble Supreme Court passed earlier Special Task Force has been constituted, which comprises of Officers of all such authorities and takes cognizance of the complaints in relation to illegal construction etc. 6. Accordingly, no such direction needs to be issued at this juncture in this petition. So far as the grievance raised in the petition by the petitioner relating to the alleged illegal construction said to have been raised by the respondent no.2 is concerned, it will be open to the petitioner to take recourse to any other legal remedy, which may be available under law. 7. The petition along with pending application stands disposed of in the aforesaid terms. DEVENDRA KUMAR UPADHYAYA, CJ TEJAS KARIA, J JULY 17, 2026 S.Rawat 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 21/07/2026 at 11:14:55