Disposed¶30

Shri Hukam Chand and Anr. v. State (Nct of Delhi ) and Ors.

Delhi HC6 Nov 2025W.P.(C)/2681/2020

Case brief

AI extract

What is this about?

Unauthorized construction; encroachment; MCD status report; Health Trade License renewal; DPCC consent to operate; sweets and namkeens shop; Shahdara Delhi; writ petition disposed of without orders; W.P.(C) 2681/2020; CM APPL. 9334/2020; Mini Pushkarna, J.; decision dated 06.11.2025.

What did the court decide?

Perusal of the MCD Status Report clearly shows that there exists no encroachment in the property in question. ¶19

Shri Hukam Chand and Anr. Vs State (Nct of Delhi ) and Ors. — Delhi HC (2025) — LawSathi Research

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$~20

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 06^th November, 2025

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- W.P.(C) 2681/2020 & CM APPL. 9334/2020

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SHRI HUKAM CHAND AND ANR. .....Petitioners

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Through: Mr. Himanshu and Ms. Surbhi kundu, Advocates Mob: 9717043953 Email: [email protected]

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versus

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STATE (NCT OF DELHI ) AND ORS. .....Respondents Through: Ms. Tajinder Virdi, Standing Counsel for Respondent/MCD Mob: 9818834444/9718834444 Email:[email protected], [email protected] SI Om Prakash, PS M. S. Park Mob: 9828204056

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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 respondent nos. 2 to 3, to take action against the property bearing No. 1/2320, Main Maindoli Road, Shahdara, Delhi-110032 , on the ground of unauthorized construction and illegal activity.

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A Status Report dated 21^st July, 2025, has been filed on behalf of the Municipal Corporation of Delhi (“MCD”), relevant portions of which, read as under:

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“xxx xxx xxx

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Signature Not Verified

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Page 1 of 4

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Digitally Signed By:HARIOM SHARMA Signing Da te:0 6.11.2025 20:26:26

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xxx xxx xxx”

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Perusal of the aforesaid Status Report filed on behalf of the MCD clearly shows that there exists no encroachment in the property in question. 4. Further, the said property is being used for trade storage and sale of sweets/namkeens shop, having a Health Trade License, which was valid up to 31^st March, 2025. Subsequently, the said Health Trade License for the premises in question, has been renewed and the same is now valid up to 31^st March, 2028.

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An affidavit dated 09^th May, 2022 has also been filed on behalf of the Delhi Pollution Control Committee (“DPCC”), 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:0 6.11.2025 20:26:26

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Page 2 of 4

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xxx xxx xxx”

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Perusal of the aforesaid affidavit filed on behalf of DPCC, clearly shows that the unit in question is having valid consent to operate from the DPCC, which is valid till 25^th November, 2025.

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Thus, it is seen that the business being run from the premises in question is on the basis of a valid Municipal Health Trade License and a valid consent to operate from the DPCC.

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