Virender Vs North Delhi Municipal Corporation through Its Commissioner & Ors.

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$~25

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 18^th December, 2025

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- W.P.(C) 2258/2020, CM APPL. 43837/2021 & CM APPL. 43838/2021

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VIRENDER .....Petitioner Through: Petitioner in person Email: [email protected]. Mob: 8711422593

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versus

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NORTH DELHI MUNICIPAL CORPORATION THROUGH ITS COMMISSIONER & ORS. .....Respondents Through: Mr. Pritish Sabharwal, Advocate for MCD Mob: 9871878696 Email: [email protected] Mr. Gurpreet Singh, Advocate for R-7 Mob:9868220903 Email: [email protected] Mr. Vivek Gupta, Advocate for R-8

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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 petition has been filed by the petitioner, residing at Flat No. 308, Hakikat Nagar, Delhi, seeking action against the unauthorized construction in Flat Nos. 306 and 307, Hakikat Nagar, Kingsway Camp, Delhi-110009.

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The present writ petition has been pending since the year 2020.

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Learned counsel appearing for the Municipal Corporation of Delhi (“MCD”) draws the attention of this Court to the various Status Reports filed on behalf of MCD.

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Signature Not Verified

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Page 1 of 10

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Digitally Signed By:HARIOM SHARMA Signing Da te:2 2.12.2025 20:24:07

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The Status Report dated 07^th February, 2022, filed on behalf of MCD, reads as under:

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“xxx xxx xxx

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Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Da te:2 2.12.2025 20:24:07

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Page 2 of 10

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xxx xxx xxx”

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The MCD took action against the Flat No. 307 , with respect to removal of temporary encroachment from the front court yard. The photographs with regard to the same are reproduced as under:

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Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Da te:2 2.12.2025 20:24:07

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Page 3 of 10

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This Court notes that vide order dated 07^th December, 2021, a status quo order was passed with respect to Flat No. 307 by this Court, in the following manner:

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“xxx xxx xxx

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7. In the meantime, the respondents are directed not to take any coercive action against the property of the Respondent No. 7 i.e. 307, Hakikat Nagar, Kingsway Camp, Delhi.

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xxx xxx xxx”

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However, at this stage, this Court is informed that though order dated 07^th December, 2021 was passed granting interim protection qua Flat No. 307 , action against the temporary encroachment in the front courtyard, had already been taken by the MCD prior to the order dated 07^th December, 2021.

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Subsequently, another Status Report dated 28^th March, 2025, was filed on behalf of MCD, wherein, it was stated that encroachment removal action

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Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Da te:2 2.12.2025 20:24:07

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Page 4 of 10

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was taken on 10^th March, 2025, for removal of encroachment in the back lane of Flat No. 307. The relevant portions of the said Status Report, reads as under:

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“xxx xxx xxx

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xxx xxx xxx”

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The photographs showing the action taken by the MCD on 10^th March, 2025, are reproduced as under:

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Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Da te:2 2.12.2025 20:24:07

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Page 5 of 10

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Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Da te:2 2.12.2025 20:24:07

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Page 6 of 10

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Yet again, another Status Report has been filed by the MCD on 05^th May, 2025, relevant portions of which, are reproduced as under:

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“xxx xxx xxx

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Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Da te:2 2.12.2025 20:24:07

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Page 7 of 10

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During the course of hearing before this Court, this Court was informed that the construction in Flat No. 306 had been regularized. Thus, the MCD was directed to file a latest Status Report with regard thereto. 12. Accordingly, a Status Report dated 11^th December, 2025, has come to be filed on behalf of MCD, which reads as under:

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“xxx xxx xxx

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Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Da te:2 2.12.2025 20:24:07

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Page 8 of 10

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”

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Along with the said Status Report, a regularization plan has also been attached, which is reproduced as under:

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This Court takes note of the submission made by learned counsel appearing for the MCD that the yellow portions, shown as aforesaid, are non-compoundable deviations, which have to be removed. 15. Accordingly, liberty is granted to the MCD to take requisite action against the non-compoundable deviations in Flat No. 306 , in accordance

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Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Da te:2 2.12.2025 20:24:07

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Page 9 of 10

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with law.

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In case, the owner/occupier of Flat No. 306 is aggrieved by any action on the part of the MCD, his right to seek his remedies, in accordance with law, is reserved.

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Further, the MCD is also at liberty to take action against the unauthorized construction existing in the property of the petitioner, i.e., Flat No. 308 , if required to be taken.

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The MCD is directed to ensure that, in case of any further encroachment or unauthorized construction by the aforesaid flat owners, including, covering of the front courtyard or the back courtyard, requisite action shall be taken by the MCD.

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

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MINI PUSHKARNA, J

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DECEMBER 18, 2025 ak

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Signature Not Verified

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Page 10 of 10

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Digitally Signed By:HARIOM SHARMA Signing Da te:2 2.12.2025 20:24:07

Virender v. North Delhi Municipal Corporation through Its Commissioner & Ors.

Case brief

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Virender v. North Delhi Municipal Corporation through Its Commissioner & Ors.

Case brief

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