Disposed¶19

Kamar Jahan v. Municipal Corporation of Delhi & Ors.

Delhi HC9 Jan 2025W.P.(C)/13254/2024

Case brief

AI extract

What is this about?

Delhi High Court writ petition (Art. 226) seeking mandamus and prohibition against unauthorized construction at D-88, Abadi Welcome, Seelampur; disposed after MCD reported Section 345A Delhi Municipal Corporation Act, 1957 sealing show cause notice (11.12.2024) and sealing/demolition action scheduled 08.01.2025–09.01.2025, to comply with law and the Supreme Court judgment in Re: Directions in the matter of demolition of structures (2025 SCC OnLine SC 3291); no further order passed, remedies left open.

What did the court decide?

No coercive relief ordered; the Petitioner was left at liberty to pursue legal remedies if still aggrieved, and the rights and contentions of Respondents Nos. 3 and 4 were left open; writ petition disposed of along with the pending application (CM APPL. 55386/2024). ¶19

Kamar Jahan Vs Municipal Corporation of Delhi & Ors. — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether Respondents Nos. 1 & 2 (including MCD) should be directed by writ of mandamus to take legal action against the illegal and unauthorized construction being raised by Respondents Nos. 3 & 4 at Property Bearing D-88, Abadi Welcome, Seelampur, Delhi-110053. +1 more

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Court's answer

In view of the sealing proceedings already initiated by MCD (show cause notice under Section 345A DMCA 1957 served/pasted, and special sealing/demolition action scheduled for 08.01.2025 and 09.01.2025, with counsel undertaking action in accordance with law and the Supreme Court judgment in Re: Directions in the matter of demolition of structures), no further order is required to be passed at this stage; if the Petitioner remains aggrieved, he is at liberty to take recourse to legal remedies.

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Ratio / Principle

Rights and contentions of Respondents Nos. 3 and 4 to take recourse to legal remedies are left open.

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Detailed headnote1 paragraphs

Constitution of India, Art. 226 / Delhi Municipal Corporation Act, 1957, S. 345A — Unauthorized construction — Kamar Jahan v. Municipal Corporation of Delhi & Ors., W.P.(C) 13254/2024 (High Court of Delhi, Jyoti Singh, J., Order dated 09.01.2025): Petitioner sought (i) a writ of mandamus directing Respondents 1 & 2 to act against the illegal/unauthorized construction raised by Respondents 3 & 4 at Property D-88, Abadi Welcome, Seelampur, Delhi-110053, and (ii) a writ of prohibition restraining further construction and use of the structure. MCD's status report showed sealing proceedings already initiated: a sealing show cause notice dated 11.12.2024 under Section 345A DMCA 1957, signed by the Deputy Commissioner, Shahdara North Zone, sent by speed post 14.12.2024 and pasted at site 19.12.2024, unanswered by the owner/builder, with special sealing/demolition action fixed for 08.01.2025 and 09.01.2025. Counsel for MCD undertook that necessary action would be taken in accordance with law and the Supreme Court judgment in Re: Directions in the matter of demolition of structures, 2025 SCC OnLine SC 3291. The Court passed no further order at this stage, kept the Petitioner's recourse to legal remedies open, left the rights and contentions of Respondents 3 & 4 untouched, and disposed of the writ petition with the pending application.

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$~18

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 13254/2024 and CM APPL. 55386/2024

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KAMAR JAHAN .....Petitioner Through: Ms. S. D. Ansari and Mr. I Ahmed, Advocates.

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versus

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MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Ms. Sangita Malhotra, SPC with Ms. Pallavi Talwar and Mr. Ratan Prakash, Government Pleader and Mr. Ranjeet Pandey, Standing Counsel for MCD.

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CORAM: HON'BLE MS. JUSTICE JYOTI SINGH

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O R D E R % 09.01.2025

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This writ petition has been filed on behalf of the Petitioner under Article 226 of the Constitution of India seeking the following reliefs:-

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“(i) for issuance of a writ/order/direction in the nature of a writ of mandamus thereby directing the respondents no. 1 & 2 to take legal action against the illegal and unauthorized construction being raised by respondent No. 3 & 4 in Property Bearing D-88, Situated at Abadi Welcome, Seelampur, DeIhi-110053; and

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(ii) for issuance of writ of order/direction in a nature of writ of prohibition thereby restraining the respondents from making or pennitted to be made . further illegal and unauthorized construction in Property Bearing No. D- 88, Situated. at Abadi Welcome, Seelampur,' Delhi-110053 and further , from putting the said illegal and unauthorized construction/structure into use in any manner whatsoever”

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W.P.(C) 13254/2024

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page 1 of 2

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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 24/01/2025 at 12:41:20

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Status report has been filed on behalf of the MCD in which a categorical stand is taken that the sealing proceedings against the unauthorized construction were initiated by the Department and a sealing show cause notice dated 11.12.2024 under Section 345A of the Delhi Municipal Corporation Act, 1957 issued under the signature of Deputy Commissioner, Shahdara North Zone was sent to the owner/builder vide speed post dated 14.12.2024. Copy was also pasted at site on 19.12.2024 albeit the occupier/owner/builder has not replied to the notice. It is further stated that the special sealing/demolition action has been fixed for 08.01.2025 and 09.01.2025 against the unauthorized construction.

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Learned counsel, on instructions, points out that the sealing action was fixed for today and necessary action will be taken in accordance with law and judgement of the Supreme Court in Re: Directions in the matter of demolition of structures, 2025 SCC OnLine SC 3291 .

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Accordingly, no further order is required to be passed at this stage, however, making it clear that in case, Petitioner is still aggrieved, he will be at liberty to take recourse to legal remedies. Rights and contentions of Respondents No.3 and 4 to take recourse to legal remedies are left open.

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Writ petition stands disposed of, along with pending application.

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JYOTI SINGH, J

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JANUARY 09, 2025/shivam

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W.P.(C) 13254/2024

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page 2 of 2

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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 24/01/2025 at 12:41:20

Kamar Jahan v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Kamar Jahan 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

Cases cited

Statutes considered

Procedural history

Parties & counsel

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