Disposed¶15

Sh Chandan Lal and Anr. v. the Comissioner MCD and Ors.

Delhi HC13 Oct 2025W.P.(C)/15137/2025

Case brief

AI extract

What is this about?

Unauthorized construction and encroachment; Municipal Corporation of Delhi (MCD); property WZ-92A Todapur Village New Delhi; inspection report; absence of Sanctioned Building Plan; Show Cause Notice to respondent no. 2; protection under Delhi Special Laws (Amendment) Act, 2011; Special Task Force (STF) constituted by Supreme Court; Devender v. Govt. of NCT of Delhi, W.P.(C) 1807/2018; Fazruddin v. DDA, W.P.(C) 4649/2017; writ disposed with liberty and reserved remedies.

What did the court decide?

Writ petition and pending applications disposed of with directions that the MCD take requisite action, if required, after following due process; petitioner granted liberty to approach the STF in case of MCD non-action; respondent no. 2's remedies reserved; outcome of MCD proceedings to be intimated to petitioner's counsel by e-mail. ¶15

Sh Chandan Lal and Anr. Vs the Comissioner MCD and Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the MCD should be directed to take action against the alleged unauthorized construction and encroachment in respect of property No. WZ-92A, Todapur Village, New Delhi-110012.

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Court's answer

Requisite action, if required, is to be taken by the MCD after following due process, in accordance with law.

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Ratio / Principle

If the petitioner is aggrieved by any non-action on the part of the MCD, the petitioner is at liberty to approach the Special Task Force ("STF") constituted by the Supreme Court in terms of the orders in Devender (W.P.(C) 1807/2018) and Fazruddin (W.P.(C) 4649/2017).

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Key takeaways

If respondent no. 2 is aggrieved by any action of the MCD, its right to seek remedies in accordance with law is reserved.ratio¶14
The outcome of the proceedings before the MCD regarding the property shall be communicated to the petitioner through petitioner's counsel on the e-mail reflected in the order.ratio¶14

Detailed headnote1 paragraphs

Delhi High Court (Mini Pushkarna, J.) disposed of a writ petition seeking directions to the Municipal Corporation of Delhi to act against alleged unauthorized construction and encroachment at property No. WZ-92A, Todapur Village, New Delhi-110012. MCD reported that the property had been inspected, comprises ground floor, first floor, second floor and part fourth floor, with no ongoing construction, and that absent any Sanctioned Building Plan a Show Cause Notice to respondent no. 2 was under process. Respondent no. 2 contended the old, occupied construction is protected under the Delhi Special Laws (Amendment) Act, 2011. The Court directed MCD to take requisite action, if required, after due process; granted the petitioner liberty to approach the Supreme Court-constituted Special Task Force (per Devender, W.P.(C) 1807/2018 and Fazruddin, W.P.(C) 4649/2017) in case of non-action; reserved respondent no. 2's legal remedies; and directed communication of the MCD proceedings' outcome to petitioner's counsel by e-mail.

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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) 15137/2025, CM APPL. 62154/2025 & CM APPL. 62155/2025

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SH CHANDAN LAL AND ANR. .....Petitioners Through: Mr. Praveen Suri and Ms. Harshita Maheshwari, Advs. Mob: 9810928188 Email: [email protected]

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versus

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THE COMISSIONER MCD AND ORS. .....Respondents Through: Mr. Kapil Dutta and Mr. Siddharth Parashar, Advs. for R-MCD Mob: 9811135509 Email: [email protected] Mr. Umang Tyagi, Ms. Diksha Punia and Mr. Sanyam Dahiya, Advs. for R- 2. Mob: 9999178173 Email: [email protected]

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 13.10.2025

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The present writ petition has been filed seeking directions to the Municipal Corporation of Delhi (“MCD”), to take action against the unauthorized construction and encroachment in respect of property bearing No. WZ-92A, Todapur Village, New Delhi-110012 .

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Learned counsel appearing for the MCD submits that the aforesaid property has already been inspected and the same constitutes ground floor,

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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 16/10/2025 at 14:24:41

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first floor, second floor and part fourth floor. He submits that no current ongoing construction was found.

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He submits that since there was no Sanctioned Building Plan with respect to the property in question, the department is under the process of issuing the Show Cause Notice to the respondent no. 2. 4. At this stage, learned counsel appearing for respondent no. 2 submits that the construction in the property in question is old and occupied, and is therefore protected under the Delhi Special Laws (Amendment) Act, 2011. 5. Accordingly, it is directed that requisite action, if required, shall be taken by the MCD, after following the due process, in accordance with law. 6. In case, the petitioner is aggrieved by any non-action on the part of the MCD, the petitioner shall be at 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. 7. In case, respondent no. 2 is aggrieved by any action on the part of the MCD, their right to seek remedies, in accordance with law, is reserved. 8. The outcome of the proceedings before the MCD with regard to the property in question shall be duly communicated to the petitioner, through petitioner’s counsel, on the E-mail, which is reflected in today’s order.

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

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MINI PUSHKARNA, J

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OCTOBER 13, 2025/ SK

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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 16/10/2025 at 14:24:41

Sh Chandan Lal and Anr. v. the Comissioner MCD and Ors.

Case brief

What is this about?

What did the court decide?

Sh Chandan Lal and Anr. v. the Comissioner MCD and 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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