Writ petitions complaining of unauthorised construction at a Delhi property and inadequate MCD demolition action. MCD's status report showed booking, notices, repeated demolitions and rejected regularisation. The Court granted liberty to approach the Special Task Force with any further grievance and disposed of the petitions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~66 & 67
MOHD. YUNUS
.....Petitioner
Through: Ms. Roopa Nagpal, Mr. Ashwani Gehlot, Mr. Vijay, Mr. Shashank Hansit Singh and Ms. Akansha, Advs.
versus
MUNICIPAL CORPORATION OF DELHI & ANR.
.....Respondents Through: Mr. Manish Srivastava, Mr. Moksh Arora and Mr. Santosh Ramdurg, Advs.
67
RIYASAT ALI .....Petitioner
Through: Ms. Roopa Nagpal, Mr. Ashwani Gehlot, Mr. Vijay, Mr. Shashank Hansit Singh and Ms. Akansha, Advs.
versus
MUNICIPAL CORPORATION OF DELHI & ANR.
.....Respondents Through: Mr. Mukesh Gupta, SC for MCD with Mr. Raghav Gupta, Adv. Mr. Manish Srivastava, Mr. Moksh Arora and Mr. Santosh Ramdurg, Advs. for R-2.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
This is a digitally signed order.
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O R D E R 08.07.2024
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 04/07/2025 at 01:20:16
“4. That the property was booked vide booking file No. 92/BI/ UC/SH-N/2023 dated 16/08/2023 for unauthorized construction in the shape of shops a t ground floor. A show cause notice No. 4830 dated 16.08.2023 was issued and served upto the owner/occupier of the property but no reply for this notice was received within stipulated time. A demolition notice No. 4830 dated 30.08.2023 was issued and served upon the owner/ occupier but the owner/occupier failed to comply the directions given in the demolition notice within stipulated time and demolition orders were passed on 11.09.2023.
5. That a demolition action programme was fixed for 06.12.2023 with PS Dayalpur, and during the course of action one RCC Panel of size 6X5 feet at ground floor and another RCC panel of size approx 6X6 feet at room at 1st floor was demolished and reinforcement bars were cut down (photograph attached as Annexure R-l ) .
6. That a letter was written to the SHO, PS Dayalpur vide No. AE (B)-I/SH- N/2023/D-481 dated 08.12.2023 to direct the patrolling staff to keep a strict vigil on the property so as the owner builder cannot take up any construction activity as demolished by the MCD staff (copy of letter is attached as Annexure R-2 ) .
7. That through this civil writ petition it was revealed that the demolished portion of the property has been repaired j reconstructed. A demolition programme was fixed with PS Dayalpur on 22.01.2024 but action could not be taken due to non availability of police force. 8. That a demolition programme was taken on the suit property on 06.02.2024 with the help of PS Dayalpur and two numbers of RCC panels were demolished and reinforcement was cut with the help of gas cutter on ground floor & first floor respectively (photograph attached as Annexure R-3 ).
9 . That a demolition programme was taken on the suit property on 11.03.2024 with the help of PS Dayalpur and two numbers of RCC panels were demolished and reinforcement was cut with the help of gas cutter at ground floor (photograph attached as Annexure R-4 ). 10. That the demolition order dated 30.08.2023 has been challenged in ATMCD vide appeal No. 40/2024 titled as Farid Ahmed Vs MCD. The hearing in ATMCD have been held on 09.02.2024, 04.03.2024 & 20.05.2024. The next date of hearing in ATMCD is fixed for 06.08.2024.
11. That an application for the regularization of the property was
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 04/07/2025 at 01:20:16
submitted in the MCD office vide diary No. 02 dated 10.01.2024. The regularization application was rejected vide letter No. AE (B0I/SH- N/2024/D-25 dated 25.01.2024. The ATMCD while hearing the appeal No. 40/24 in the case titled Farid Ahmed Vs MCD, directed the MCD to re-examine the regularization application vide its order dated 09.02.2024 (photocopy attached as Annexure R-5 ) . The regularization application was re-examine but was again rejected vide letter No. AE (B)-I/SH-N/2024/D-65 dated 07.03.2024.
12. That a demolition action programme has been fixed for 23/07/2024 with the help of PS Dayalpur and further action shall be taken on the remaining portion of the property.”
PURUSHAINDRA KUMAR KAURAV, J
JULY 8, 2024/p
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 04/07/2025 at 01:20:16
1 issue framed by the court
Whether the Court should continue the writ petitions alleging inaction by MCD on illegal construction despite demolition actions and status reports.
Mohd. Yunus
Riyasat Ali
Municipal Corporation of Delhi
Purushaindra Kumar Kaurav
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
