Mohd. Intzar & Ors. v. Municipal Corporation of Delhi & Ors.

Delhi HC1 Apr 2025W.P.(C)/4016/2025

Case brief

AI extract

What is this about?

Delhi HC, W.P.(C) 4016/2025 & CM APPLs. 18628/2025 & 18629/2025, Mohd. Intzar & Ors. v. MCD & Ors., Mini Pushkarna J, decided 01.04.2025: petition disposed of; MCD held bound by counsel's statement that the Saral Scheme building plan/site plan ID No. 20007974 dated 20.01.2024 for WZ-29, Tihar Village was obtained by misrepresentation and is being revoked, with no construction permitted pursuant to it; related civil suit pending at Tis Hazari; no statutes or precedents engaged.

What did the court decide?

Writ petition disposed of with MCD held bound by its counsel's recorded statement: MCD has initiated steps for revoking the Saral Scheme building plan (obtained by misrepresentation) for Plot No. WZ-29, Plot No. 47, Khasra No. 477, New No. A-73, Village Tihar, and no construction shall be allowed pursuant to that plan. ¶¶19

Mohd. Intzar & Ors. Vs Municipal Corporation of Delhi & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondent nos. 1 to 4 should be directed to take action against the illegal work/acts of respondent no. 5 in part portion of property no. WZ-29, Tihar Village, New Delhi. +1 more

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Ratio / Principle

The submissions of counsel for MCD — that a civil suit over the unauthorised construction at property WZ-29, Tihar Village is pending at Tis Hazari; that the Saral Scheme building plan for Plot No. WZ-29, Plot No. 47, Khasra No. 477, New No. A-73, Village Tihar was obtained by misrepresentation; that MCD has initiated steps for revoking that plan; and that no construction shall be allowed pursuant to it — were recorded, and the MCD is held bound by the same.

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Key takeaways

Considering the submissions made before the Court, the prayers made in the present petition stand satisfied.ratio¶¶18

Detailed headnote1 paragraphs

Writ petition (Mohd. Intzar & Ors. v. Municipal Corporation of Delhi & Ors.) seeking (i) action against respondent no. 5's illegal work/acts in part portion of property no. WZ-29, Tihar Village, New Delhi, and (ii) revocation of site plan ID No. 20007974 dated 20.01.2024, allegedly obtained under the Saral Scheme for Plot No. WZ-29, Plot No. 47, Khasra No. 477, New No. A-73, Village Tihar by mentioning a false, forged and manipulated address. Counsel for MCD stated that the plan was found, on petitioners' complaint, to have been obtained by misrepresentation, that MCD had initiated steps to revoke it, and that no construction shall be carried out pursuant to it; counsel also noted a pending civil suit on the unauthorised construction at the District Court, Tis Hazari. The Court recorded the statement, held MCD bound by it, found the petitioners' prayers satisfied, and disposed of the petition along with pending CM applications.

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$~57

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 4016/2025 & CM APPLs. 18628/2025 & 18629/2025

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MOHD. INTZAR & ORS. .....Petitioners

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Through: Mr. Sumit Gaba, Advocate.

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versus

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MUNICIPAL CORPORATION OF DELHI & ORS......Respondents Through: Mr. Kapil Dutta with Mr. Vansh Luthra and Mr. RD Chaudhary, Advocates for MCD. (M): 9811135509 9717788106 Email: [email protected] Ms. Shubhra Parashar with Mr. Virender Pratap Singh Charak, Advocates for respondent no. 3/DCP West. (M): 9891220689 Email: [email protected] Mr. Manish Batra, Advocate for respondent no. 4. (M): 9811217760

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CORAM:

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HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 01.04.2025

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W.P.(C) 4016/2025 & CM APPL. 18628/2025 (for stay)

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The present petition has been filed for direction to the respondent nos. 1 to 4, to take action against the illegal work/acts of respondent no. 5, in part portion of property no. WZ-29, Tihar Village, New Delhi , and further to revoke the site plan bearing ID No. 20007974 dated 20^th January, 2024,

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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 07/04/2025 at 13:07:08

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obtained by mentioning false, forged and manipulated address, i.e. Plot No. WZ-29, Plot No. 47, Khasra No. 477, New No. A-73, Village Tihar, New Delhi .

¶15

At the outset, learned counsel appearing for the respondent/Municipal Corporation of Delhi (“MCD”), upon instructions of Mr. R.D. Chaudhary, draws the attention of this Court to para 12 of the present writ petition, to submit that a civil suit, with respect to the unauthorised construction existing in part portion of property no. WZ-29, Tihar Village, New Delhi , is already pending in the District Court, Tis Hazari.

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He further submits that upon complaint of the petitioners herein, it was found that the building plan that has been obtained, under the Saral Scheme, for Plot No. WZ-29, Plot No. 47, Khasra No. 477, New No. A-73, Village Tihar, New Delhi , has been obtained by misrepresentation. Thus, he submits that the MCD has already initiated steps for revoking the said building plan given under the Saral Scheme. He further submits that no construction shall be allowed to be carried out pursuant to the said building plan.

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The aforesaid statement is recorded and the MCD is held bound by the same.

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Considering the submissions made before this Court, the prayers made in the present petition, stand satisfied.

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Accordingly, the present writ petition, along with the pending applications, stands disposed of.

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MINI PUSHKARNA, J

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APRIL 1, 2025/ c

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Mohd. Intzar & Ors. v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Mohd. Intzar & Ors. v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

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What the court decided

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Procedural history

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