Mohd Murtaza Vs Municipal Corporation of Delhi & Anr. — Delhi HC (2025) — LawSathi Research

Mohd Murtaza Vs Municipal Corporation of Delhi & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with directions: MCD held bound to carry out demolition of the unauthorized construction in accordance with law; petitioner granted liberty to approach the Supreme Court-constituted STF in case of MCD non-action; rights and contentions of all parties (including owner/occupier) kept open; owner/occupier free to seek legal remedies against any MCD action or demolition order.

Issue for consideration

Whether the Municipal Corporation of Delhi should be directed to take action against the unauthorized construction being raised by respondent no. 2 above the second floor of property bearing no. 13C, DDA Flats, Boulevard Road, Civil Lines, Delhi-110054.

Court's answer

Perusal of the MCD Status Report shows that the MCD has already initiated action against the unauthorized construction in question.

Ratio / Principle

The MCD is held bound to carry out the demolition action against the unauthorized construction in accordance with law.

Key takeaways

If aggrieved by any non-action by respondent-MCD, the petitioner is at liberty to approach the Special Task Force constituted by the Hon'ble Supreme Court in terms of the directions of the Division Bench of this Court vide order dated 23rd April, 2019 in Fazruddin v. DDA and Ors., W.P.(C) 4649/2017.ratio¶¶16
The rights and contentions of the parties, including the owner/occupier of the property in question, are kept open.ratio¶¶19
The owner/occupier of the property, if aggrieved by any action or demolition order passed by the MCD, is at liberty to seek remedies in accordance with law.

Detailed headnote1 paragraphs

Delhi High Court (Mini Pushkarna, J.) disposed of W.P.(C) 3504/2025, in which the petitioner sought directions to MCD to act against unauthorized construction raised by respondent no. 2 above the second floor of property no. 13C, DDA Flats, Boulevard Road, Civil Lines, Delhi-110054. Relying on MCD's Status Report dated 28.03.2025 indicating that action had already been initiated, the Court held MCD bound to carry out the demolition action in accordance with law. The petitioner was granted liberty, in case of MCD non-action, to approach the Special Task Force constituted pursuant to the Division Bench order dated 23.04.2019 in Fazruddin v. DDA and Ors., W.P.(C) 4649/2017. The rights and contentions of all parties, including the owner/occupier, were expressly kept open, and the owner/occupier was left free to seek remedies in accordance with law against any MCD action or demolition order.

$~53

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 3504/2025 & CM APPL. 16386/2025

MOHD MURTAZA .....Petitioner Through: Mr. Munindra Singh, Advocate Mob: 9873356406

versus

MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through: Mr. Kapil Dutt and Mr. Vansh Luthra, Advocates for MCD.

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R % 07.04.2025

The present writ petition has been filed seeking directions to the Municipal Corporation of Delhi (“MCD”), to take action against the unauthorized construction being raised by respondent no. 2, above the second floor of property bearing no. 13C, DDA Flats, Boulevard Road, Civil Lines, Delhi-110054 .

Status Report dated 28^th March, 2025, has been filed on behalf of the MCD, wherein, it has been stated as follows:

“xxx xxx xxx

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 15/04/2025 at 15:55:55

xxx xxx xxx”

Perusal of the aforesaid Status Report shows that the MCD has already initiated action against the unauthorized construction, in question. 4. The MCD is held bound to carry out the demolition action against the unauthorized construction, in accordance with law.

If the petitioner is aggrieved by any non-action on the part of the respondent-MCD, the petitioner is at liberty to approach the Special Task Force (“STF”), constituted by the Hon’ble Supreme Court, in terms of the directions of the Division Bench of this Court vide order dated 23^rd April,

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 15/04/2025 at 15:55:55

2019, in the case of Fazruddin versus DDA and Ors., W.P.(C) 4649/2017 . 6. It is further clarified that the rights and contentions of the parties, including, the owner/occupier of the property in question, are kept open. 7. In case, the owner/occupier of the property in question, is aggrieved by any action or demolition order passed by the MCD, the owner/occupier of the property in question, is at liberty to seek remedies, in accordance with law.

With the aforesaid directions, the present petition is disposed of.

MINI PUSHKARNA, J

APRIL 7, 2025 ak

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 15/04/2025 at 15:55:55