Naresh v. Municipal Corporation of Delhi & Ors.

Delhi HC18 Nov 2025W.P.(C)/14589/2025

Case brief

AI extract

What is this about?

Unauthorised construction; Municipal Corporation of Delhi (MCD); Delhi Municipal Corporation Act 1957; Sections 343, 344(1), 345A, 347 DMC Act; Show Cause Notices dated 10.11.2025 and 11.11.2025; booking of unauthorised construction; disputed questions of fact not adjudicated; photographs Annexure P-3; Karol Bagh / Regharpura Properties 4779-4782; W.P.(C) 14589/2025; writ petition disposed with directions to MCD to act per due process and prevent further unauthorised construction.

What did the court decide?

Directions issued to MCD to take requisite action, after following due procedure and in accordance with law, against the already-booked unauthorised construction, and to ensure that no unauthorised construction takes place at the subject properties; writ petition and pending application disposed of accordingly. ¶¶32

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents Nos. 1 to 3 should be directed to take action against the alleged illegal and unauthorized construction at Properties Nos. 4779-4782, Gali No. 45-46, Regharpura, Karol Bagh, New Delhi. +1 more

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Court's answer

Considering that MCD has already booked the properties in question, requisite action shall be taken by the MCD after following the due procedure, in accordance with law.

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Ratio / Principle

This Court shall not go into any disputed questions of fact (regarding whether construction at the subject properties was ongoing or completed, per the petitioner's photographs versus respondent No. 4's contention that these were old, undated photographs of repair works).

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Key takeaways

The MCD shall ensure that no unauthorised construction takes place in the properties in question.ratio¶¶32

Detailed headnote1 paragraphs

High Court of Delhi (Mini Pushkarna, J) — W.P.(C) 14589/2025, order dated 18.11.2025: Petition seeking directions to respondents 1-3 to act against alleged illegal/unauthorised construction at Properties Nos. 4779-4782, Gali No. 45-46, Regharpura, Karol Bagh, New Delhi. MCD's Status Report (12.11.2025) showed the construction already booked, Show Cause Notices issued under Sections 344(1)/343 DMC Act 1957 on 10.11.2025 and under Section 345A read with Section 347 DMC Act 1957 on 11.11.2025, and that inspection found neither fresh construction nor building material. The petitioner's photographs (Annexure P-3) claiming ongoing/completed construction were disputed by respondent No. 4 as old, undated photographs of repair works; the Court declined to enter disputed questions of fact. Petition disposed with directions that MCD take requisite action per due procedure in accordance with law and ensure no unauthorised construction occurs at the properties.

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$~25

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 14589/2025 & CM APPL. 59845/2025

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NARESH .....Petitioner Through: Mr. Samman Vardhan Gautam, Advocate Mob: 7717730165 Email:officeofsammangautam@gmail .com versus

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MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Rohit Kathuria and Mr. Dhruv Varma, Advocates for R-1 Mr. Rishabh Sahu, SPC with mr. Sameer Sharma, Mr. Vikash Chauhan, Advocates for R-3 Mr. Shashi Pratap Singh, Ms. Shagun Sabharwal and Mr. Adhiraj Singh, Advocates for R-4 Mob: 9560536975 Email: [email protected]

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R 18.11.2025

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The present writ petition has been filed seeking directions to the respondent nos. 1 to 3, to take action against the illegal and unauthorized construction being carried out at properties bearing nos . 4779-4782, Gali No. 45-46, Regharpura, Karol Bagh, New Delhi-110005.

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A Status Report dated 12^th November, 2025, has been filed on behalf

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Page 1 of 5

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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 20/11/2025 at 12:09:01

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of Municipal Corporation of Delhi (“MCD”), a copy of which, has been handed over to the Court, and the same is taken on record.

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The relevant portions of the Status Report filed on behalf of the MCD, read as under:

“xxx xxx xxx

Page 2 of 5

Page 3 of 5

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 20/11/2025 at 12:09:01

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”

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Perusal of the aforesaid Status Report shows that the unauthorised construction in the properties in question, has already been booked, and a Show Cause Notice under Section 344(1) and 343 of the Delhi Municipal Corporation Act, 1957 (“DMC Act, 1957”), has been issued to the owner/occupier of the properties in question, on 10^th November, 2025.

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Further, a Show Cause Notice under Section 345A, read with Section 347 of the DMC Act, 1957, has also been issued to the owner/occupier of the property in question, on 11^th November, 2025.

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Perusal of the aforesaid Status Report also shows the stand of the MCD that during the time of inspection of the properties in question, neither any fresh construction was noticed, nor any building material was found at

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Page 4 of 5

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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 20/11/2025 at 12:09:01

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site.

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At this stage, learned counsel appearing for the petitioner draws the attention of this Court to the photographs attached as Annexure P-3 to the present writ petition, to submit that there was ongoing construction at the properties in question. Further, he has handed over to this Court a copy of the photographs to show that the construction in the properties in question has since been completed.

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However, the aforesaid fact is disputed by learned counsel appearing for respondent no. 4, who submits that the photographs attached with the writ petition are old photographs, and that the same are undated.

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He further submits that the said photographs are old photographs, when some repair works were going on in the properties in question. 10. This Court shall not go into any disputed questions of fact. 11. Considering the fact that the MCD has already booked the properties in question, it is directed that requisite action shall be taken by the MCD, after following the due procedure, in accordance with law.

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Further, the MCD shall ensure that no unauthorised construction takes place in the properties in question. 13. With the aforesaid directions, the present writ petition, along with the pending application, is disposed of.

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MINI PUSHKARNA, J

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NOVEMBER 18, 2025 ak

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Page 5 of 5

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Naresh v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Naresh v. Municipal Corporation of Delhi & Ors.

Case brief

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