Disposed¶25

Veena Khera & Anr. v. Municipal Corporation of Delhi through Its Commissioner and Ors.

Delhi HC17 Mar 2025W.P.(C)/10048/2022

Case brief

AI extract

What is this about?

Delhi High Court; W.P.(C) 10048/2022; disposed 17.03.2025; Mini Pushkarna, J.; unauthorized construction; stairs; first floor structure; temple; Cottage Enclave Group Housing Society; Paschim Vihar East; Religious Committee; representation; time bound disposal; GNCTD; MCD; DDA; respondent nos. 6 and 7; liberty to seek legal remedies; writ petition disposed with directions.

What did the court decide?

Writ petition and pending applications disposed of: petitioners to supply copy of their Religious Committee representation to GNCTD and to respondent nos. 6 and 7; Religious Committee expected to dispose of the representation expeditiously in a time bound manner; petitioners at liberty to pursue available legal remedies. ¶25

Veena Khera & Anr. Vs Municipal Corporation of Delhi through Its Commissioner and Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondent nos. 1 and 2 ought to be directed to take action against the alleged unauthorized construction on the stairs along with the structure on the first floor of the subject property (a temple within Cottage Enclave Group Housing Society, Block A-4, Paschim Vihar East, New Delhi). +1 more

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Ratio / Principle

Learned counsel for the petitioners was directed to supply a copy of the representation filed before the Religious Committee to learned counsel for the GNCTD as well as to learned counsel for respondent nos. 6 and 7.

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Key takeaways

Since the petitioners had already filed a representation before the Religious Committee, the Court directed/expected that the Religious Committee shall dispose of the representation expeditiously, in a time bound manner.ratio¶23
If aggrieved, the petitioners are at liberty to seek such legal remedies as are available.obiter¶24
The Court did not adjudicate the merits of the alleged unauthorized construction; in view of the representation already pending before the Religious Committee, the writ petition along with pending applications was disposed of with the aforesaid directions.

Detailed headnote1 paragraphs

Writ petition (W.P.(C) 10048/2022) seeking directions to respondent nos. 1 and 2 to act against alleged unauthorized construction on the stairs and first-floor structure of a temple property in Cottage Enclave Group Housing Society, Block A-4, Paschim Vihar East, New Delhi, disposed of by the Delhi High Court (Mini Pushkarna, J.) on 17.03.2025. Pursuant to the Court's earlier order dated 07.10.2024 (following the order dated 02.08.2023), the petitioners had already approached the Religious Committee and filed a representation. The Court directed supply of the representation to counsel for GNCTD and respondent nos. 6-7, expected the Religious Committee to dispose of the representation expeditiously in a time bound manner, granted the petitioners liberty to avail legal remedies, and declined adjudication on the merits.

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$~24

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 10048/2022, CM APPL. 29251/2022 & CM APPL. 29252/2022

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VEENA KHERA & ANR. .....Petitioners Through: Ms. Monica Sharma, Adv. M: 9870103234 versus

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MUNICIPAL CORPORATION OF DELHI THROUGH ITS COMMISSIONER AND ORS. .....Respondents Through: Ms. Harshita Maheshwari, Ms. Richa Dhawan and Mr. Anuj Chaturvedi, Advs. for MCD M: 9810473166 Mr. Tushar Sannu, Mr. Utkarsh Singh, Mr. Shivam Singh and Mr. Shivraj Singh Tomar, Advs. M: 9911991166 Mr. Neeraj Kumar and Mr. Kartik Garg, Advs. for DDA (Through VC) Ms. Tanu Singhal and Mr. Deepak Kumar, Advs. for R-6 and 7.

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R

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% 17.03.2025

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The present petition has been filed seeking directions to respondent nos. 1 and 2 to take action against the unauthorized construction on the stairs along with structure on the first floor of the subject property, i.e., a temple within the premises of Cottage Enclave Group Housing Society at Block No.

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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 20/03/2025 at 12:42:54

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A-4, Paschim Vihar East, New Delhi-110063 .

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This Court notes that vide order dated 07^th October, 2024, this Court had recorded as follows:

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“xxx xxx xxx

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1. Further to the order dated 02.08.2023, learned counsel for Government of NCT of Delhi, states that the petitioners will have to make an application to the Religious Committee for consideration of the grievances raised in this writ petition.

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xxx xxx xxx”

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Ms. Monica Sharma, learned counsel appearing for the petitioners submits that pursuant to what has been recorded in the order dated 07^th October, 2024, the petitioners have already approached the Religious Committee and filed a representation therein.

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At this stage, learned counsel appearing for the Government of National Capital Territory of Delhi (“GNCTD”) submits that the copy of the representation that has been filed by the petitioners be also supplied to him, so that the matter can be taken up with the Religious Committee for the purposes of fixing a date of hearing.

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Learned counsel appearing for respondent nos. 6 and 7 joins the said submission and submits that she may also be supplied with a copy of the said representation before the Religious Committee.

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Accordingly, learned counsel appearing for the petitioners is directed to supply a copy of the representation as given to the Religious Committee to learned counsel appearing for the GNCTD, as well as to learned counsel appearing for respondent nos. 6 and 7.

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In view of the aforesaid, since the petitioners have already filed a representation before the Religious Committee, this Court expects that the

¶21

This is a digitally signed order.

¶22

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 20/03/2025 at 12:42:54

¶23

Religious Committee shall dispose of the representation of the petitioners, expeditiously, within a time bound manner.

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Needless to state that, in case the petitioners are aggrieved, the petitioners are at liberty to seek legal remedies, as available.

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With the aforesaid directions, the present writ petition, along with the pending applications, stands disposed of.

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MINI PUSHKARNA, J

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MARCH 17, 2025/kr

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This is a digitally signed order.

¶29

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 20/03/2025 at 12:42:54

Veena Khera & Anr. v. Municipal Corporation of Delhi through Its Commissioner and Ors.

Case brief

What is this about?

What did the court decide?

Veena Khera & Anr. v. Municipal Corporation of Delhi through Its Commissioner and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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