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2025 DAILYLAW 5677 (DEL)

FARUK YUNUS KACHHI & ANR. v. MUNICIPAL CORPORATION OF DELHI & ORS.

W.P.(C)/17057/2025 · 2026-07-29

Amit Bansal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(C) 17057/2025 $~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17057/2025, CM APPL. 70217/2025, CM APPL. 70218/2025 & CM APPL. 48754/2026 FARUK YUNUS KACHHI & ANR. .....Petitioners Through: Ms. Sana Ansari and Ms. Hardeep Kaur, Advocates. versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Rohit Kathuria, Advocate for MCD. Mr. Pramod Kumar and Mr. Mayank Dhyani, Panel Counsel for R-2 Ms. Chhavi Khandelwal, Advocate for R-3. Mr. Arjun Mahajan and Mr. Apoorv Upmanyu, Advocates for R-4. Ms. Uma Singh, S.I. P.S. Bara Hindu Rao. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 29.07.2026 CM APPL. 70218/2025 (exemption) 1. Allowed, subject to all just exceptions. CM APPL. 48754/2026 (seeking condonation of delay) 2. This application has been filed on behalf of the respondent no.4/STF seeking condonation of delay of 115 days in filing the status report. 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 31/07/2026 at 14:01:48 W.P.(C) 17057/2025 3. For the reasons stated, the application is allowed. The delay of 115 days in filing the status report stands condoned. 4. The status report filed on behalf of the respondent no.4 (Annexure-A to the application) is taken on record. W.P.(C) 17057/2025 5. The present writ petition has been filed seeking directions to the respondents no.1 to 4 to take action against the illegal and unauthorised construction, being raised by the respondent no.5, which is above the roof of the third floor of the property bearing no.8833, Naya Mohalla, Pul Bangash, Azad Market, Delhi-11006, in the shape of a fourth floor and above. 6. Status report has been filed on behalf of the respondent no.1/MCD. However, the same is not on record. 6.1. Copy of the status report has been handed over in Court and the same is taken on record. 7. In terms of the status report, the unauthorised construction in the subject property was booked and a show cause notice was issued on 19th November, 2025 to the respondent no.5. After following due process of law, a demolition order dated 8th December, 2025, was issued. The demolition action has been taken against the subject property on 27th March, 2026, wherein the roof slab on the fourth floor of the property was partly demolished. A watch and ward letter has also been issued on 30th March, 2026 to the SHO, Police Station Bara Hindu Rao, to keep a strict watch and ward over the demolished portion so that the same is not reconstructed. 8. Taking note of the submissions made in the status report, the present writ petition is disposed of with a direction to the respondent no.3/SHO, Police Station Bara Hindu Rao, to ensure that no fresh construction is 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 31/07/2026 at 14:01:48 W.P.(C) 17057/2025 carried out in the subject property. 9. All rights, contentions and legal remedies of the owner/occupier/private respondent no.5 shall remain protected. AMIT BANSAL, J JULY 29, 2026 ds 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 31/07/2026 at 14:01:48