Yusuf Vs Municipal Corporation of Delhi & Ors. — Delhi HC (2025) — LawSathi Research

Yusuf Vs Municipal Corporation of Delhi & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: (i) MCD to take requisite action against the unauthorized construction after following due process of law in a time bound manner, preferably within four months; (ii) MCD and SHO, PS Pul Prahladpur to ensure no further unauthorized construction in the property; (iii) liberty to the petitioner to approach the STF in case of non-action by the authorities.

Issue for consideration

Whether directions should be issued to respondent no. 1 (MCD) to remove the illegal and unauthorized construction at property no. 4-A, Pul Prahladpur, District South East, New Delhi, carried out by respondent no. 3, and to prevent further unauthorized construction.

Court's answer

MCD is directed to take requisite action against the unauthorized construction after following the due process of law and in a time bound manner.

Ratio / Principle

MCD and the Station House Officer of Police Station Pul Prahladpur, District South East, New Delhi, are directed to ensure that no further unauthorized construction takes place in the property in question.

Key takeaways

Requisite action against the unauthorized construction is to be taken expeditiously, preferably within a period of four months.ratio¶13
If aggrieved by any non-action on the part of the authorities, the petitioner is granted liberty to approach the Special Task Force (STF), as constituted by the Supreme Court in terms of the orders passed by the Division Bench of this Court in Devender (W.P.(C) 1807/2018) and Fazruddin (W.P.(C) 4649/2017).ratio¶13

Detailed headnote1 paragraphs

Delhi High Court (Mini Pushkarna, J.) disposed of a writ petition (W.P.(C) 12335/2025) seeking removal of illegal and unauthorized construction at property no. 4-A, Pul Prahladpur, District South East, New Delhi, carried out by respondent no. 3. MCD submitted that the unauthorized construction already stands booked. The Court directed MCD to take requisite action against the unauthorized construction after following due process of law in a time bound manner, and directed MCD and the SHO of PS Pul Prahladpur to ensure no further unauthorized construction; action to be taken expeditiously, preferably within four months. The petitioner was granted liberty to approach the Special Task Force (STF), as constituted by the Supreme Court in terms of the Division Bench orders in Devender v. Govt. of NCT of Delhi (W.P.(C) 1807/2018) and Fazruddin v. DDA (W.P.(C) 4649/2017), in case of non-action by the authorities.

$~65

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 12335/2025 & CM APPL. 50259/2025

YUSUF .....Petitioner Through: Mr. Yasir Arafat, Mr. Safuddin Khan, Mr. Sameer Alam, Mr. Tauseef Ahmad, Mr. Gulista Khan, Advs. (Through VC) versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Siddharth Gupta, SC for R-MCD (Through VC) Mob: 9810141287 Email: [email protected] Ms. Shubhra Parashar with Mr. Thakur Virender Pratap Singh Charak, Ms. Akansha Thakur and Mr. Satyam Singh, Advs. for R-2. (Through VC) Mob: 9891220689 Email: [email protected] Mr. Usman Khan, Adv. for R-3 (Through VC) Mob: 8375979687 Email: [email protected]

CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R % 14.08.2025

The present writ petition has been filed seeking directions to respondent no. 1 to remove the illegal and unauthorized construction at

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 18/08/2025 at 12:43:33

property bearing no. 4-A, Pul Prahladpur, District South East, New Delhi110044 , carried out by respondent no. 3.

Learned counsel appearing for respondent no. 1, i.e., Municipal Corporation of Delhi (“MCD”), submits that the unauthorized construction in the property in question, already stands booked.

Accordingly, it is directed that the MCD shall take requisite action against the unauthorized construction, after following the due process of law and in a time bound manner.

Further, the MCD, as well as the Station House Officer (“SHO”) of Police Station Pul Prahladpur, District South East, New Delhi, are directed to ensure that no further unauthorized construction takes place in the property in question. 5. Let requisite action against the unauthorized construction, be taken expeditiously, preferably, within a period of four months from today. 6. In case, the petitioner is aggrieved by any non-action on the part of the authorities, the petitioner is granted liberty to approach the Special Task Force (“STF”), as constituted by the Supreme Court, in terms of the orders passed by Division Bench of this Court in the case of Devender Versus Govt. of NCT of Delhi and Ors. , in W.P.(C) 1807/2018 and Fazruddin Versus DDA and Ors. in W.P.(C) 4649/2017 .

Accordingly, with the aforesaid directions, the present writ petition, along with the pending application, is disposed of.

MINI PUSHKARNA, J

AUGUST 14, 2025/DY

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 18/08/2025 at 12:43:33