Madhu Jain v. Municipal Corporation of Delhi & Anr.

Delhi HC20 Nov 2025W.P.(C)/17617/2025

Case brief

AI extract

What is this about?

High Court of Delhi; W.P.(C) 17617/2025; Madhu Jain v. Municipal Corporation of Delhi; unauthorized construction; third and fourth floors; property D-15/22-23 Sector-3 Rohini; Show Cause Notice dated 19.11.2025; whole property booked; writ petition treated as reply to SCN; hearing to parties; disposal within eight weeks; remedies reserved; Mini Pushkarna, J.; disposed of 20.11.2025.

What did the court decide?

Writ petition treated as the petitioner's reply to the Show Cause Notice dated 19.11.2025; respondent no. 2 granted liberty to file its reply; MCD directed to give hearing to both parties, take appropriate action after following due procedure, and dispose of the replies expeditiously, preferably within eight weeks; parties' rights to seek legal remedies reserved. ¶¶29

Madhu Jain Vs Municipal Corporation of Delhi & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether directions should be issued to the MCD to take action against the unauthorized construction allegedly raised by respondent no. 2 on the third and fourth floors of property No. D-15/22-23, Sector-3, Rohini, Delhi. +1 more

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Court's answer

The present writ petition is to be treated as the reply of the petitioner to the Show Cause Notice dated 19th November, 2025, and the concerned MCD officials shall consider it as such and give the petitioner a hearing while considering the reply.

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Ratio / Principle

Respondent no. 2 is granted liberty to file a reply to the Show Cause Notice issued by the MCD, and the MCD shall give due hearing to respondent no. 2 while considering that reply.

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Key takeaways

The MCD shall take appropriate action after considering the replies of the parties and following due procedure, and shall consider and dispose of the replies to the Show Cause Notice expeditiously, preferably within eight weeks.ratio¶¶25
Any party aggrieved by action taken by the MCD retains the right to seek remedies in accordance with law.ratio¶¶26

Detailed headnote1 paragraphs

Writ petition by owner/resident of the second floor of property No. D-15/22-23, Sector-3, Rohini, Delhi, seeking directions to the Municipal Corporation of Delhi to act against unauthorized construction allegedly raised by respondent no. 2 on the third and fourth floors. During the proceedings, MCD issued a Show Cause Notice dated 19.11.2025 booking the entire property for unauthorized construction, although the petitioner's complaint concerned only the third and fourth floors. The Court directed that the writ petition itself be treated as the petitioner's reply to the Show Cause Notice, granted respondent no. 2 liberty to file its own reply, and required MCD to give due hearing to both parties, take appropriate action in accordance with due procedure, and dispose of the replies expeditiously, preferably within eight weeks, reserving the parties' right to seek further legal remedies. Petition, along with pending applications, disposed of (Mini Pushkarna, J.).

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$~32

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 20.11.2025

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W.P.(C) 17617/2025, CM APPL. 72750/2025 & CM APPL. 72751/2025

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MADHU JAIN .....Petitioner

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Through: Mr. V.K. Mantoo, Mr. Hem Kumar and Ms. Niharika Mantoo, Advs.

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versus

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MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents

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Through: Mr. Umakant Mishra, SC for MCD

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CORAM:

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HON'BLE MS. JUSTICE MINI PUSHKARNA

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MINI PUSHKARNA, J. (Oral):

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The present writ petition has been filed seeking directions to take action against the unauthorized construction raised by respondent no. 2 on the third and fourth floors of the property bearing No. D-15/22-23, Sector-3, Rohini, Delhi .

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Learned counsel appearing for the petitioner submits that the petitioner is the owner and resident of second floor of the said property in question. It is submitted that unauthorized construction has been carried out by respondent no. 2 on the third and fourth floors of the aforesaid property in question. It is submitted that though the complaint of the petitioner was only with respect to the third and fourth floors of the property in question, the Municipal Corporation of Delhi (“MCD”) has now issued a Show Cause

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Signature Not Verified

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Page 1 of 3

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Digitally Signed By:HARIOM SHARMA Signing Da te:2 0.11.2025 20:05:53

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Notice dated 19^th November, 2025, thereby booking the whole property in question for unauthorized construction.

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Learned counsel appearing for the petitioner further submits that no unauthorized construction has been carried out by the petitioner.

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Learned counsel appearing for the respondent-MCD confirms the fact that Show Cause Notice dated 19^th November, 2025, has been issued wherein, the whole property in question has been booked for unauthorized construction.

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At this stage, learned counsel appearing for the petitioner submits that the present writ petition be treated as reply of the petitioner to the Show Cause Notice dated 19^th November, 2025.

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Accordingly, the concerned officials of the MCD shall consider the present writ petition as a reply of the petitioner to the said Show Cause Notice, and give hearing to the petitioner at the time of considering the reply of the petitioner.

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Likewise, respondent no. 2 is also granted liberty to file reply to the said Show Cause Notice issued by the MCD.

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The MCD shall give due hearing to respondent no. 2 as well, at the time of considering the reply of respondent no. 2.

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Appropriate action shall be taken by the MCD after considering the reply of the parties, and after following the due procedure. 10. The MCD shall consider the replies to the Show Cause Notice expeditiously, preferably, within a period of eight weeks, from today, and dispose of the same.

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