Disposed

Anshul Goel v. Municipal Corporation of Delhi & Ors.

Delhi HC16 Apr 2025W.P.(C)/10854/2024

Case brief

AI extract

What is this about?

Petition sought directions to MCD to demolish allegedly illegal construction by private respondents. MCD reported the building plan stood revoked, partial demolition action taken, and a show cause notice issued with hearing pending before ATMCD. Court directed MCD to proceed in accordance with law and disposed of the petition.

What the court decided

AI extract

Anshul Goel Vs Municipal Corporation of Delhi & Ors. — Municipal and Town Planning | Delhi HC (2025)

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$~35

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 10854/2024 & CM APPL. 44666/2024

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ANSHUL GOEL .....Petitioner

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Through: Mr. Deepak Tyagi, Mr. Rohit K. Modi and Mr. Rajbir Singh, Advs.

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versus

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MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Manish Gupta and Mr. Rishabh Rai, Advs. for R-4 to 6 (Through VC) Ms. Shilpa Ohri, ASC for MCD M: 9871900539 Mr. Manish Gupta, Mr. Prateek Gupta, Ms. Deepti Verma, Mr. Rishabh Rai and Mr. Ravi, Advs. for R-4, 5 and 6.

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R

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% 16.04.2025

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The present petition has been filed seeking direction to the respondent nos. 1 to 3 to take demolition action against the allegedly illegal construction having been carried out by respondent nos. 4 to 6 at property No. 797, Samman Bazar, Bhogal, New Delhi-110014 .

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Ms. Shilpa Ohri, Additional Standing Counsel appearing for the Municipal Corporation of Delhi (“MCD”), submits that the building plan of the respondent nos. 4 to 6, already stands revoked on 11^th March, 2025. She further submits that pursuant thereto, part action has already been taken by

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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 02/07/2025 at 00:16:07

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the MCD, on 28^th March, 2025.

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She further submits that a Show Cause Notice has also been issued to the respondent nos. 4 to 6, and personal hearing is now fixed for respondent nos. 4 to 6, on 21^st April, 2025.

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At this stage, learned counsel appearing for respondent nos. 4 to 6 submits that respondent nos. 4 to 6 have already filed an appeal before the learned Appellate Tribunal, MCD (“ATMCD”), wherein, notice has already been issued.

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Considering the fact that action has already been initiated by the MCD, it is directed that the further requisite action shall be taken by the MCD, in accordance with law, after giving due hearing to the affected parties.

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In case, the owners/occupiers of the premises in question, are aggrieved by any demolition order, or any action taken by the MCD, they are at liberty to take recourse to remedies, in accordance with law.

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Learned counsel appearing for respondent nos. 4 to 6, submits that the Show Cause Notice issued by the MCD, is improper.

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Responding to the same, learned counsel appearing for the MCD submits that the action taken on 28^th March, 2025, was pursuant to the demolition order passed on 08^th July, 2024.

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Learned counsel appearing for respondent nos. 4 to 6 submits that at the time of taking demolition action on 28^th March, 2025, the MCD has taken away the electricity meter. Thus, there is no electricity connection with the said respondents.

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Accordingly, liberty is granted to the respondent nos. 4 to 6 to make a representation to the MCD, in this regard, which shall be considered by the

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MCD, appropriately.

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It is further clarified that this Court has not gone into merits of the case and all the rights and contentions of the parties are left open to be decided at appropriate stage, since the matter is still at the hearing stage before the ATMCD.

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Noting the aforesaid, the present writ petition, along with the pending application, stands disposed of.

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MINI PUSHKARNA, J

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APRIL 16, 2025/kr

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Anshul Goel v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What the court decided

Anshul Goel v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What the court decided

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