Disposed¶19

Shahrukh Khan v. Municipal Corporation of Delhi & Ors.

Delhi HC1 Sept 2025W.P.(C)/13361/2025

Case brief

AI extract

What is this about?

Delhi High Court; W.P.(C) 13361/2025; Shahrukh Khan v. Municipal Corporation of Delhi; unauthorized construction; third to sixth floor; Village Maujpur; Illaqa Shahdara; Khasra No. 233-235; show cause notice dated 30.05.2024; demolition order dated 26.06.2024; action stalled for want of police assistance; SHO PS Jafrabad personally liable for police assistance; MCD to act within three months; liberty to revive writ petition; disposed of by Mini Pushkarna, J on 01.09.2025.

What did the court decide?

Directions issued: (i) SHO, PS Jafrabad made personally liable to ensure police assistance to MCD for action against the unauthorized construction; (ii) MCD directed to take requisite action expeditiously within three months; (iii) petitioner at liberty to revive the writ petition in case of non-action by MCD. ¶19

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

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether respondent nos. 1 and 2 (MCD and SHO, PS Jafrabad) should be directed to take action against the illegal and unauthorized construction raised by respondent nos. 3 and 4 above the second floor of property No. 10-B/4, Khasra No. 233-235, Village Maujpur, Delhi-110053. +1 more

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Court's answer

MCD is directed to take requisite action against the unauthorized construction in the property in question expeditiously, within three months.

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Ratio / Principle

The Station House Officer, Police Station-Jafrabad is held personally liable to ensure that police assistance is provided to the MCD for taking action against the unauthorized construction existing in the property in question.

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Key takeaways

If MCD fails to take requisite action, or the petitioner is aggrieved by any non-action, the petitioner is at liberty to revive the writ petition by moving an appropriate application.ratio¶18
The writ petition, along with pending applications, is disposed of in terms of the aforesaid directions.ratio¶19

Detailed headnote1 paragraphs

Writ petition under Article 226 jurisdiction of the Delhi High Court seeking directions to MCD and SHO, PS Jafrabad to act against unauthorized construction (third to sixth floor) raised by respondent nos. 3 and 4 over property No. 10-B/4, Khasra No. 233-235, Village Maujpur, Illaqa Shahdara, Delhi-110053. MCD had issued a show cause notice on 30.05.2024 and a demolition order on 26.06.2024, but the last scheduled action (19.02.2025) failed for want of police assistance. The Court directed that the SHO, PS Jafrabad be personally liable to provide police assistance to MCD, and that MCD take requisite action against the unauthorized construction expeditiously within three months, with liberty to the petitioner to revive the petition upon non-action. Petition disposed of along with pending applications.

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$~79

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 13361/2025, CM APPL. 54790/2025 & CM APPL. 54791/2025

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SHAHRUKH KHAN .....Petitioner Through: Mr. Lakshay Kumar, Advocate along with petitioner in person

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versus

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MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Rohit Kathuria, Mr. Dhruv Varma, Advocates for MCD (M:9717948948) Ms. Sangita Malhotra, SPC with Ms. Pallavi Talwar, Mr. V. K. Gupta, Advocates for R-2/SHO-Jafrabad (M:8826587368)

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 01.09.2025

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The present writ petition has been filed seeking directions to the respondent nos. 1 and 2 to take action against the illegal and unauthorized construction, being raised by respondent nos. 3 and 4, just above the second floor of the property in the shape of third floor to sixth floor being part of the property bearing No. 10-B/4, Khasra No. 233-235, situated at Village Maujpur, Gali No.1, Bajrang Bali Mohalla, Maujpur, Illaqa Shahdara, Delhi-110053.

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Responding to the present petition, learned counsel for respondent no.1-Municipal Corporation of Delhi (“MCD”), submits that a Show Cause Notice, in the present case, against the unauthorized construction was issued

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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 03/09/2025 at 12:15:59

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way back on 30^th May, 2024.

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He further submits that a demolition order was also passed on 26^th June, 2024. Subsequently, various dates were fixed for taking action against the unauthorized construction in the property in question.

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He further submits that the last action was fixed on 19^th February, 2025, however, requisite action could not be taken since there were no police assistance.

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Considering the submissions made before this Court, it is directed that the Station House Officer (“SHO”), Police Station-Jafrabad, shall be personally liable to ensure that police assistance is provided to the MCD for taking action against the unauthorized construction existing in the property in question.

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MCD is directed to take requisite action against the unauthorized construction in the property in question, expeditiously, within a period of three months from today.

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In case, the MCD does not take requisite action, or the petitioner is aggrieved by any non-action on the part of the MCD, the petitioner shall be at liberty to revive the present writ petition by moving an appropriate application.

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Noting the aforesaid, the present writ petition, along with pending applications, is accordingly disposed of.

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MINI PUSHKARNA, J

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SEPTEMBER 1, 2025/ au

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This is a digitally signed order.

¶23

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 03/09/2025 at 12:15:59

Shahrukh Khan v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Shahrukh Khan 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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