Disposed¶18

Balbir Singh v. Municipal Corporation of Delhi & Ors.

Delhi HC19 Aug 2025W.P.(C)/12494/2025

Case brief

AI extract

What is this about?

Unauthorized construction; demolition order already passed by MCD; demolition action fixed 08.09.2025; MCD bound to act after due process of law; title/interest questions not examined; SHO P.S. Jamia Nagar directed to provide police force to MCD; property No. S-10/1, Khasra No. 429/260, Jogabai Extension, Jamia Nagar, Okhla; writ petition and CM application disposed; Delhi High Court; Mini Pushkarna, J.; 19.08.2025.

What did the court decide?

Directions issued binding MCD to take the requisite/appropriate action against the unauthorized construction after following due process of law; SHO, Police Station Jamia Nagar, to ensure requisite police force to MCD as and when required; writ petition and pending application disposed of. ¶18

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

What the court decided

AI extract

Outcome

¶18

Issue for consideration

Whether directions should be issued to respondent nos. 1 to 3 to stop and demolish the illegal and unauthorized construction carried out by respondent no. 4 upon the petitioner's property (No. S-10/1, land measuring 100 sq. yds., Khasra No. 429/260, near Mumtaj Masjid and Immambara, Jogabai Extension, Jamia Nagar, Okhla, New Delhi-110025).

¶10

Court's answer

The Court bound the MCD to take the requisite action against the unauthorized construction, after following due process of law.

¶14

Ratio / Principle

The Court expressly declined to adjudicate any issue of title or interest of the petitioner in these proceedings.

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Key takeaways

Since the MCD had already commenced the requisite action against the unauthorized construction, the Court directed the MCD to take appropriate action against the unauthorized construction in the property in question.ratio¶15
The Court directed the SHO, Police Station Jamia Nagar, to ensure that requisite police force is provided to the MCD, as and when required by the MCD, for the purposes of taking action against the unauthorized construction in the property in question.ratio¶16

Detailed headnote1 paragraphs

Delhi High Court (Hon'ble Ms. Justice Mini Pushkarna), Order dated 19.08.2025 in W.P.(C) 12494/2025 & CM APPL. 50964/2025 — Balbir Singh v. Municipal Corporation of Delhi & Ors.: The petitioner sought directions to respondent nos. 1 to 3 to stop and demolish the illegal and unauthorized construction carried out by respondent no. 4 on his property No. S-10/1 (100 sq. yds., Khasra No. 429/260, near Mumtaj Masjid and Immambara, Jogabai Extension, Jamia Nagar, Okhla, New Delhi-110025). On advance notice, MCD submitted that a Demolition Order qua the unauthorized construction had already been passed and demolition action was fixed for 08.09.2025. The Court bound MCD to take the requisite action after following due process of law; expressly declined to enter into any issue of title or interest of the petitioner; directed MCD to take appropriate action against the unauthorized construction; and directed the SHO, Police Station Jamia Nagar, to ensure requisite police force was provided to MCD as and when required. No further orders were considered necessary and the writ petition, along with the pending application, stood disposed of.

¶1

$~50

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 12494/2025 & CM APPL. 50964/2025

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BALBIR SINGH .....Petitioner

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Through: Mr. Arun Kumar Verma and Mr. J.C. Sharma, Advs. (Through VC)

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versus

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MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Siddhant Nath, SC with Mr. Amaan Khan and Mr. Bhavishya Makhija, Advs. M: 9910870397 Email: [email protected] Mr. Raj Kumar Yadav, SPC with Ms. Rita Saha and Ms. Ratna Ujjwal Saha, Advs. for SHO Ms. Kritika Gupta and Mr. Shashi Pratap Singh, Advs. for R-3

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 19.08.2025

¶10

The present writ petition has been filed seeking directions to respondent nos. 1 to 3, to stop and demolish the illegal and unauthorized construction carried out by respondent no. 4 upon the petitioner’s property bearing No. S-10/1, land measuring 100 sq. yds., situated in Khasra No. 429/260, near Mumtaj Masjid and Immambara, Jogabai Extension, Jamia Nagar, Okhla, New Delhi-110025 .

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Learned counsel appearing for respondent no.1-Municipal

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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 22/08/2025 at 12:33:57

¶13

Corporation of Delhi (“MCD”), on advance notice, submits that a Demolition Order qua the unauthorized construction, existing in the property in question, already stands passed, and an action for demolition is fixed on 08^th September, 2025.

¶14

Considering the submissions made before this Court, this Court binds the MCD to take the requisite action, after following due process of law.

¶15

This Court will not go into any issue of title or interest of the petitioner, in the present proceedings. However, considering the fact that the MCD has already commenced the requisite action against the unauthorized construction in the property in question, it is directed that the MCD shall take appropriate action against the unauthorized construction in the property in question.

¶16

The Station House Officer (“SHO”), Police Station, Jamia Nagar, is directed to ensure that requisite police force is provided to the MCD, as and when the same is required by the MCD, for the purposes of taking action against the unauthorized construction in the property in question.

¶17

No further orders are required to be passed in the present writ petition.

¶18

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

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MINI PUSHKARNA, J

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AUGUST 19, 2025/KR

¶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 22/08/2025 at 12:33:57

Balbir Singh v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Balbir Singh v. Municipal Corporation of Delhi & 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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