Mohd Ali Vs Municipal Corporation of Delhi & Ors.

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$~38

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 18491/2025

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MOHD ALI .....Petitioner Through: Mr. M. Hasibuddin, Mr. Ruhani Sahanu and Ms. Gracey Sachdeva, Advs. versus

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MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Sharique Hussain and Ms. Kirti Garg, Advs. for BSES RPL Ms. Shobhana Takiar, SC with Mr. Shivam Takiar, Mr. Prateek Dhir and Mr. Kuljeet Singh, Advs. for DDA Ms. Shilpa Dewan, Adl. SC for MCD Mrs. Snehlata S. Surana, CGSC for R-4 Mr.Pramod Kumar and Mr. Azhar Kamal Quadri, Advs. for R-3 (Through VC)

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 05.12.2025

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The present writ petition has been filed seeking directions to the respondent no. 1 to take action against the on-going illegal and unauthorized construction over the property bearing No. 42, Okhla Village, Jamia Nagar, New Delhi .

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Learned counsel appearing for the petitioner submits that the respondent no. 6 has been undertaking unauthorized construction and that

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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 08/12/2025 at 12:31:35

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the electricity pole existing on the public street, has also been taken inside the building of the said unauthorized construction.

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Attention of this Court has been drawn to the photographs of the said unauthorized construction, wherein, the electricity pole is inside the premises of the said construction. The said photograph, as attached with the present petition, is reproduced as under:

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Learned counsel appearing for the petitioner further submits that

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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 08/12/2025 at 12:31:35

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respondent no. 6 has also dug unauthorized borewells.

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Responding to the present writ petition, learned counsel appearing for the Municipal Corporation of Delhi (“MCD”) submits that the unauthorized construction in the property already stands booked on 01^st December, 2025. 6. She submits that a Show Cause Notice dated 01^st December, 2025 has also been issued. However, a Work Stop Notice dated 02^nd December, 2025 has also been issued to the Station House Officer (“SHO”) Police Station Jamia Nagar.

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She has handed over documents in this regard, which are taken on record.

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Learned counsel appearing for respondent no. 5 submits that in case the unauthorized construction is removed, the electricity pole under the jurisdiction of respondent no. 5 shall be secured.

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Likewise, learned counsel appearing for respondent no. 3 submits that requisite action against the borewell, shall be taken.

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Accordingly, considering the submissions made before this Court, the SHO, Police Station-Jamia Nagar, is directed to ensure that no further unauthorized construction takes place in the property in question.

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Further, the MCD is enjoined upon to take requisite action against the unauthorized construction, after following the due procedure and in accordance with law.

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Let time bound action be taken by the MCD.

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The MCD, as well as respondent no. 5, shall ensure that the electricity pole is secured properly, without any encroachment.

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Rights and contentions of the parties are left open.

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In case, any party is aggrieved by any action or non-action on the part

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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 08/12/2025 at 12:31:35

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of the MCD, their right to seek remedies in accordance with law, is reserved. 16. With the aforesaid directions, the present writ petition is accordingly disposed of.

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MINI PUSHKARNA, J

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DECEMBER 5, 2025/KR

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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 08/12/2025 at 12:31:35

Mohd Ali v. Municipal Corporation of Delhi & Ors.

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Mohd Ali v. Municipal Corporation of Delhi & Ors.

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