Disposed¶21

Sh. Abdullah Rasheed v. Municipal Corporation of Delhi & Ors.

Delhi HC18 Sept 2025W.P.(C)/14506/2025

Case brief

AI extract

What is this about?

Unauthorized construction; fourth floor over third floor; property no. 8926 Naya Mohalla Pul Bangash Azad Market Delhi; Municipal Corporation of Delhi (MCD); Work Stop Notice; demolition assurance by owner/occupier; SHO Police Station Bara Hindu Rao; Special Task Force (STF); Devender W.P.(C) 1807/2018; Fazruddin W.P.(C) 4649/2017; W.P.(C) 14506/2025; Justice Mini Pushkarna; disposed of.

What did the court decide?

Directions to MCD to take action against the unauthorized construction in accordance with law; MCD and SHO, Police Station Bara Hindu Rao, to ensure no further unauthorized construction; liberty to petitioner to approach the STF in case of MCD non-action; writ petition and pending applications disposed of. ¶21

Sh. Abdullah Rasheed Vs Municipal Corporation of Delhi & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether directions should be issued to respondent nos. 1 to 4 to take action against the unauthorized construction being raised above the roof of the third floor of property no. 8926, Naya Mohalla, Pul Bangash, Azad Market, Delhi-110006, in the shape of a fourth floor.

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Court's answer

MCD is held bound to take action against the unauthorized construction carried out in the property in question, in accordance with law.

¶16

Ratio / Principle

The MCD as well as the Station House Officer (SHO), Police Station Bara Hindu Rao, shall ensure that no further unauthorized construction takes place in the property in question.

¶17

Key takeaways

In case of non-action by the MCD, the petitioner has liberty to approach the Special Task Force (STF) as constituted by the Supreme Court in terms of the Division Bench orders in Devender (W.P.(C) 1807/2018) and Fazruddin (W.P.(C) 4649/2017).ratio¶20

Detailed headnote1 paragraphs

Delhi High Court (Mini Pushkarna, J.) disposed of a writ petition by Sh. Abdullah Rasheed seeking action against unauthorized fourth-floor construction above the third-floor roof of property no. 8926, Naya Mohalla, Pul Bangash, Azad Market, Delhi-110006. MCD reported that its inspection confirmed unauthorized construction over the third floor, a Work Stop Notice had been issued, and the owner/occupier had assured removal of the terrace walls, failing which MCD would act per due process. The Court held MCD bound to take action against the unauthorized construction in accordance with law and directed MCD and the SHO, Police Station Bara Hindu Rao, to ensure no further unauthorized construction. The petitioner was granted liberty, upon any MCD non-action, to approach the Special Task Force (STF) constituted by the Supreme Court in terms of the Division Bench orders in Devender, W.P.(C) 1807/2018, and Fazruddin, W.P.(C) 4649/2017. The petition and pending applications were disposed of.

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$~71

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 14506/2025 & CM APPL. 59457/2025, CM APPL. 59458/2025

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SH. ABDULLAH RASHEED .....Petitioner Through: Ms. Sana Ansari, Mr. Tanveer and Mr. I. Ahmed, Advocates Mob: 9818053386 Email: [email protected]

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versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Ashutosh Gupta, ASC for MCD (through VC) Mr. Dinesh Malik, Panel Counsel, GNCTD with Mr. Puneet Jain, Advocate for R-2 (through VC) Mr. G.S. Oberoi, ASC with Ms. Shaifali Jain, Mr. J. S. Oberoi, Advocates for DDA Mob: 9811667770 Email: [email protected] Mr. Varun Vats, SPC for R-3 Mob: 9654333800 Mr. Anil Sharma, Mr. Aman Bhardwaj, Mr. Arpit Sharma, Ms. Kusum, Advocates for R-6 Mob: 9899123578 Mr. Arujun Mahajan, SC with Mr. Apoorv and Mr. Harsh Vashist, Advocates for DDA Mob: 9810047321

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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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 22/09/2025 at 12:32:58

O R D E R

18.09.2025

The present writ petition has been filed seeking directions to respondent nos. 1 to 4 to take action against the unauthorized construction being raised just above the roof of the third floor of the property bearing no. 8926, Naya Mohalla, Pul Bangash, Azad Market, Delhi-110006, in the shape of the fourth floor.

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Responding to the present writ petition, learned counsel appearing for respondent no. 1-Municipal Corporation of Delhi (“MCD”), submits that the MCD has already inspected the property in question, and found unauthorized construction being raised over the third floor of the property in question.

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He, thus, submits that a Work Stop Notice has already been issued, pursuant to which, the owner/occupier of the third floor of the property in question, has already assured the MCD that he shall remove the walls from the terrace of the third floor of the property in question.

¶15

Learned counsel appearing for the MCD further submits that in case, the owner/occupier of the third floor of the property in question does not himself remove the unauthorized construction, requisite action shall be taken by the MCD, after following the due process of law.

¶16

The aforesaid statement is taken note of and MCD is held bound to take action against the unauthorized construction carried out in the property in question, in accordance with law.

¶17

The MCD as well as Station House Officer (“SHO”), Police StationBara Hindu Rao, shall ensure that no further unauthorized construction takes place in the property in question.

¶18

This is a digitally signed order.

¶19

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 22/09/2025 at 12:32:58

¶20

In case, the petitioner is aggrieved by any non-action on the part of the MCD, the petitioner has the 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 the case of Devender Versus Govt. of NCT of Delhi and Ors. , and other connected matters in W.P.(C) 1807/2018, and Fazruddin Versus DDA and Ors., in W.P.(C) 4649/2017 .

¶21

With the aforesaid directions, the present writ petition, along with the pending applications, is disposed of.

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MINI PUSHKARNA, J

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SEPTEMBER 18, 2025/ ak

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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 22/09/2025 at 12:32:58

Sh. Abdullah Rasheed v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Sh. Abdullah Rasheed 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

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Parties & counsel

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