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2025 DAILYLAW 8944 (DEL)

SANGEETA SAHU v. MUNICIPAL CORPORATION OF DELHI & ORS.

W.P.(C)/1375/2025 · 2025-02-04

Jyoti Singh

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(C) 1375/2025 Page 1 of 3 $~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1375/2025 & CM APPL. 6723/2025 SANGEETA SAHU .....Petitioner Through: Mr. Prabhjit Jauhar, Ms. Anupama Kaul, Ms. Rosemary Raju and Ms. Shreya Narayan, Advocates. versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Harshit Chopra, Advocate for R-1/MCD. Mr. Jatin Singh, Advocate for R-2. Mr. Samrat Nigam, Senior Advocate with Mr. Vijay Kasana, Mr. Sunil Chaudhary, Mr. Chirag Verma, Mr.Vishal Chaudhary and Mr. Ankit Kumar, Advocates for R-3. Mr. Ajay Aroraa, Senior Advocate with Mr. Sunil Chaudhary and Mr. Nitish Dubey, Advocates for R-4. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 04.02.2025 1. This writ petition is preferred on behalf of the Petitioner under Article 226 of the Constitution of India seeking the following reliefs:- “A. Issue a writ of mandamus or any other appropriate writ, order or direction to the Respondent No. 1 and Respondent No. 2 to jointly demolish and remove all the illegal and unauthorised construction already raised on the Second and the Third Floor of the House No. W- 129, Greater Kailash-I, Delhi- 110048. B. Issue a writ of mandamus or any other appropriate writ, order or direction to the Respondent No. 2 to prevent/ stop the Respondent Nos. 3 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 06/02/2025 at 14:51:32 W.P.(C) 1375/2025 Page 2 of 3 and 4 and their agents from continuing any illegal and unauthorised construction on House No. W-129, Greater Kailash-I, Delhi- 110048.” 2. Issue notice. 3. Counsels, as above, accept notice on behalf of the respective Respondents. 4. Learned counsel appearing on behalf of MCD, on instructions, submits that property bearing House No. W-129, Greater Kailash-I, New Delhi was booked on 29.01.2025 and a work stop notice was issued to SHO of the concerned area on 30.01.2025. It is further submitted that as per the show cause notice, there are deviations in the property and Respondents No. 3 and 4 have applied for regularisation/compounding of the deviations noticed and as brought out in the show cause notice. It is also stated that necessary decision will be taken on the applications, in accordance with law. Copy of Show cause notice dated 29.01.2025 is handed over in Court and taken on record. 5. Learned Senior Counsels appearing on behalf of Respondents No. 3 and 4, respectively, on instructions from the instructing counsels, who are in turn instructed by the said Respondents, submit that insofar as the areas in respect of which deviations have been brought out in the show cause notice and for which applications for regularisation/compounding are pending, are concerned, no further construction of any nature whatsoever will be carried out till the disposal of the applications and any further steps towards construction will be taken depending on the outcome of the decision of MCD on the said applications. It is, however, urged that in the meantime, answering Respondents be permitted to carry out renovations in the areas in respect of which no deviations are found 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 06/02/2025 at 14:51:32 W.P.(C) 1375/2025 Page 3 of 3 6. Learned counsel for the Petitioner submits that as long as Respondents No.3 and 4 are bound down to their assurance to the Court, Petitioner has no objection to the petition being disposed of. 7. The assurance and undertaking given on behalf of Respondents No.3 and 4, as aforementioned, are taken on record. Needless to state that the said Respondents shall remain bound by the undertaking. Show cause notice dated 29.01.2025 identifies the deviations on the Second Floor and Third Floor, with which this writ petition is concerned and the Court is apprised that applications filed by Respondents No.3 and 4 for regularisation/ compounding are pending. It is open to MCD to take a decision on the applications, in accordance with law. 8. Respondents No.3 and 4 are permitted to carry out renovations, limited to areas in which no deviations have been brought forth in the show cause notice dated 29.01.2025. 9. Writ petition along with pending application is disposed of. Needless to state that in case of any surviving/further grievance, it will be open to the Petitioner to take recourse to available legal remedies. JYOTI SINGH, J FEBRUARY 04, 2025/shivam 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 06/02/2025 at 14:51:32