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

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

What the court decided

AI extract

Outcome

Writ petition and pending application disposed of with directions: (i) concerned MCD officials and the SHO, Police Station-Jamia Nagar to ensure no further unauthorized construction in the property in question; (ii) MCD held bound to take action against the unauthorized construction after following due procedure in accordance with law. Rights and contentions of the parties left open, and remedies in accordance with law reserved to any aggrieved party.

Issue for consideration

Whether the Municipal Corporation of Delhi should be directed to take action against the unauthorized construction being raised in the property bearing No. C-9, 332/6, measuring 56 sq. yards, street No. 8, Mannan Lane, Batla House, Jamia Nagar, Okhla, New Delhi-110025, by respondent nos. 6 & 7, and to ensure that no further unauthorized construction takes place.

Court's answer

The concerned Officials of the MCD as well as the Station House Officer (SHO), Police Station-Jamia Nagar, are directed to ensure that no further unauthorized construction takes place in the property in question.

Ratio / Principle

The MCD is held bound to take action against the unauthorized construction being carried out in the property in question after following the due procedure, in accordance with law.

Detailed headnote1 paragraphs

High Court of Delhi (Mini Pushkarna, J.) — W.P.(C) 17019/2025 (decided 11.11.2025): Petition sought directions to the MCD to act against unauthorized construction in property No. C-9, 332/6, 56 sq. yards, street No. 8, Mannan Lane, Batla House, Jamia Nagar, Okhla, New Delhi-110025, allegedly raised by respondent nos. 6 & 7. MCD reported that the unauthorized construction had been booked on 07.11.2025 and a Show Cause Notice dated 07.11.2025 issued, with documents taken on record, while the petitioner contended construction was continuing. The Court directed the concerned MCD officials and the SHO, Police Station-Jamia Nagar, to ensure no further unauthorized construction, and held the MCD bound to take action against the unauthorized construction after following due procedure in accordance with law. Rights and contentions left open; remedies reserved. Petition and pending application disposed of.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 17019/2025 & CM APPL. 70001/2025

SHARIQ AMEER .....Petitioner Through: Mohd. Asif and Ms. Rajeshwari Singh, Advocates (M: 9818576258) Email: [email protected]

versus

MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through: Mr. Hemant Singh, Advocate for R-1 and 2 (M:9873816686) Ms. Deeksha L. Kakar, Mr. Rashneet Singh, Advocates for R-3 (M:9313119255) Mr. Ayush Gaur, SPC with Ms. Ridhi Kapoor, Mr. Varun Parashar, Advocates for R-4 and 5 (M:7402020002)

CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R % 11.11.2025

The present writ petition has been filed seeking directions to respondent-Municipal Corporation of Delhi (“MCD”), to take action against the unauthorized construction being raised in the property bearing No. C-9, 332/6, measuring area 56 sq. yards, situated in street No. 8, Mannan Lane, Batla House, Jamia Nagar, Okhla, New Delhi-110025 , by the respondent nos. 6 & 7.

Responding to the present writ petition, learned counsel for the MCD submits that unauthorized construction existing in the property in question,

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 12/11/2025 at 12:56:05

has already been booked on 07^th November, 2025 and a Show Cause Notice dated 07^th November, 2025, has already been issued.

The documents with respect to the aforesaid are handed over by learned counsel for the MCD, and the same are taken on record. 4. Learned counsel for the respondent-MCD further submits that requisite action shall be taken by the MCD by following due procedure. 5. At this stage, learned counsel for the petitioner submits that unauthorized construction is still going on in the property in question.

Accordingly, the concerned Officials of the MCD, as well as Station House Officer (“SHO”), Police Station-Jamia Nagar, are directed to ensure that no further unauthorized construction takes place in the property in question.

The MCD is held bound to take action against the unauthorized construction being carried out in the property in question, after following the due procedure, in accordance with law.

Rights and contentions of the parties are left open.

In case, any party is aggrieved by any action or non-action on the part of the MCD, their rights to seek remedies in accordance with law, are reserved.

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

MINI PUSHKARNA, J

NOVEMBER 11, 2025/ au

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 12/11/2025 at 12:56:05