Disposed

Mohd Ilman v. Commissioner MCD & Ors.

Delhi HC18 Dec 2025W.P.(C)/19188/2025

Case brief

AI extract

What is this about?

Writ petition seeking action against unauthorized construction on the roof of a fourth floor in Darya Ganj, Delhi, carried out by private respondents. MCD confirmed demolition and sealing orders were passed; the Court directed the local SHO to stop further unauthorized construction, enjoined MCD to act, and required status reports on the STF website.

What did the court decide?

Directions to SHO to prevent further unauthorized construction and to MCD to take further action; status report to be uploaded on STF website.

Mohd Ilman Vs Commissioner MCD & Ors. — Municipal and Town Planning | Delhi HC (2025)

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$~56

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 19188/2025 & CM APPL. 79937/2025

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MOHD ILMAN .....Petitioner Through: Mr. M.S. Khan, Mr. M. Arshyan and Mr. Akbar Kaleem, Advs. (Through VC)

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versus

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COMMISSIONER MCD & ORS. .....Respondents Through: Mr. Moksh Arora and Mr. Santosh Ramdurg, Advs. for R-2 Mr. Udit Dedhiya, SC with Ms. Apurva Sachdev and Mr. Preyansh Gupta, Advs. for NDMC Mr. Ashutosh Gupta, ASC for MCD (Through VC)

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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The present writ petition has been filed seeking directions to respondent no. 1 to take action against the illegal construction at the roof of fourth floor of property bearing No. 1585, Suiwalan, Near Gali Tajran, Darya Ganj, Delhi-110002 , being carried out by respondent nos. 3 and 4.

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At the outset, learned counsel appearing for the petitioner submits that the petitioner has also filed a suit for injunction, bearing CS SCJ No. 957/2025 , wherein, the issue of unauthorized construction has also been raised.

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He submits that though some action has been taken by the Municipal Corporation of Delhi (“MCD”), however, respondent nos. 3 and 4 are again

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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 22/12/2025 at 12:53:24

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carrying out work on the roof of the fourth floor. Thus, the present writ petition has been filed.

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Responding to the present petition, learned counsel appearing for the MCD submits that ground floor to fourth floor of the property are old and occupied, and that the construction being carrying out on the roof of the fourth floor, is unauthorized.

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Learned counsel appearing for the MCD submits that partial action has already been taken on 18^th August, 2025. Furthermore, demolition and sealing orders already stand passed against the unauthorized construction in question. Moreover, further action shall be taken, in accordance with law. 6. At this stage, learned counsel appearing for the petitioner submits that unauthorized construction is still going on in the premises in question. 7. Considering the submissions made before this Court, it is directed that the Station House Officer (“SHO”) of Local Police Station, shall ensure that no further unauthorized construction takes place in the property in question. Further, MCD is enjoined upon to take further action on the unauthorized construction existing in the property in question.

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The updated Status Report with regard to the action taken by the MCD shall be duly uploaded on the website of the Special Task Force (“STF”).

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

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MINI PUSHKARNA, J

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DECEMBER 18, 2025/KR

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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 22/12/2025 at 12:53:24

Mohd Ilman v. Commissioner MCD & Ors.

Case brief

What is this about?

What did the court decide?

Mohd Ilman v. Commissioner MCD & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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