Disposed

Mercy Nair & Anr. v. Municipal Corporation of Delhi & Ors.

Delhi HC6 Aug 2025W.P.(C)/11750/2025

Case brief

AI extract

What is this about?

Writ petition seeking action against unauthorized construction by a respondent in Kalkaji, Delhi, including on the common terrace. MCD confirmed the construction was booked and a Work Stop Notice issued. Court recorded the statement and directed MCD to act per law with police cooperation; petition disposed of.

What did the court decide?

MCD directed to prevent further construction and take lawful action; police to assist MCD.

Mercy Nair & Anr. Vs Municipal Corporation of… — Municipal and Town Planning | Delhi HC (2025)

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$~55

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 11750/2025, CM APPL. 48053/2025, CM APPL. 48054/2025 & CM APPL. 48055/2025

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MERCY NAIR & ANR. .....Petitioners Through: Mr. Shivam Gaur, Mr. Kshitij Joshi, Mr. Aryan Kumar, Ms. Rashi Singh and Ms. Nandita Sharma, Advs. M: 9717753160

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versus

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MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Harshit Chopra, Adv. for R-1 M: 9911543883 Mr. Raj Kumar Yadav, SPC and Mr. Ratna V. Saha, Advs. for SHO M: 9818836222

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R

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% 06.08.2025

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The present writ petition has been filed seeking directions to respondent nos. 1 and 2 to take action against the illegal construction being carried out by respondent no. 3, in and around, the property bearing Flat No. L-2/202-B, First Floor, DDA Flats Kalkaji, New Delhi-110019, including, on the roof of the said property.

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It is submitted that petitioner nos. 1 and 2 are the owners/occupants of the flat bearing Flat No. L-2/202-A, Ground Floor, DDA Flats Kalkaji, New Delhi-110019, whereas, respondent no. 3 is the occupant of the first floor.

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This is a digitally signed order.

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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 08/08/2025 at 15:36:11

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It is submitted that the terrace above the first floor is the common area used by the residents for installation of overhead tanks, etc. Thus, it is submitted that the flats are constructed in a manner that there are two dwelling units in each building, i.e., ground floor and first floor, with common use of the terrace area.

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Issue notice. Notice is accepted by learned counsels appearing for respondent nos. 1 and 2.

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Learned counsel appearing for respondent no.1, i.e., Municipal Corporation of Delhi (“MCD”) submits that the unauthorized construction in the property in question, has already been booked on 05^th August, 2025 and Show Cause Notice has also been issued.

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He further submits that Work Stop Notice dated 05^th August, 2025, has also been issued and that further requisite action shall be taken in accordance with law.

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Accordingly, the aforesaid statement made by learned counsel appearing for the MCD is taken on record and the MCD is held by the same. 8. The MCD shall ensure that no further construction takes place in the property in question and action is taken in accordance with law.

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In case the petitioners are aggrieved by any non-action on part of the respondents, the petitioners shall have liberty to seek their remedies, in accordance with law.

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Likewise, the right of respondent no. 3 to seek his remedies is also preserved, in case respondent no. 3 has any grievance with regard to any action being taken by the respondent-MCD.

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The local police of Police Station Kalkaji, is directed to cooperate with the MCD, and provide requisite police force, as and when action is

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This is a digitally signed order.

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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 08/08/2025 at 15:36:11

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proposed to be taken by the MCD.

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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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AUGUST 6, 2025/KR

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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 08/08/2025 at 15:36:11

Mercy Nair & Anr. v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Mercy Nair & Anr. v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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