Disposed

Ashok Kumar Kamboj v. MCD Thorugh Commissioner & Ors.

Delhi HC22 Sept 2025W.P.(C)/5980/2025

Case brief

AI extract

What is this about?

Petitioner sought directions to demolish unauthorised construction at a Kamla Nagar property by respondent no. 5. MCD reported a demolition order and prior demolition actions plus a pending sealing show cause notice under Section 345A DMC Act. Court disposed of the petition, binding MCD to act and allowing recourse to the Special Task Force if needed.

What the court decided

AI extract

Ashok Kumar Kamboj Vs MCD Thorugh Commissioner… — Municipal and Town Planning | Delhi HC (2025)

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$~44

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 5980/2025 & CM APPL. 40013/2025

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ASHOK KUMAR KAMBOJ .....Petitioner

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Through: Mr. Anshul Jain, Adv. (Through VC) Mob: 9899998243 Email: [email protected]

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versus

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MCD THORUGH COMMISSIONER & ORS. .....Respondents

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Through: Mr. Bharat Malhotra, Adv. for R- MCD (Through VC) Mr. Manish Kumar, Sr. Panel Counsel for R-4 (Through VC) Mob: 9873950114 Email: [email protected]

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 22.09.2025

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The present writ petition has been filed seeking directions to respondent nos. 1 to 4, to demolish the unauthorized construction, being carried out by respondent no. 5, at the property bearing No . E-16, Kamla Nagar, Delhi.

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A Status Report dated 13^th August, 2025, has been filed on behalf of the Municipal Corporation of Delhi (“MCD”), wherein, it is stated as follows:

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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 25/09/2025 at 12:49:34

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“xxx xxx xxx

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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 25/09/2025 at 12:49:34

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xxx xxx xxx”

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Perusal of the aforesaid Status Report shows that Demolition Order dated 23^rd April, 2025, was passed with respect to the unauthorized construction existing in the property in question. Further, demolition action has been taken by the MCD on 11^th June, 2025 and 02^nd July, 2025.

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Subsequently, a Show Cause Notice under Section 345A of the Delhi Municipal Corporation Act, 1957 (“DMC Act”) dated 09^th June, 2025, was also issued for sealing of the property in question.

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Learned counsel appearing for the respondent-MCD submits that detailed hearing subsequent to the Show Cause Notice for sealing has been concluded and an order shall be passed pursuant thereto. He submits that further action shall be taken, in accordance with law.

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Accordingly, binding the MCD to take requisite action against the unauthorized construction in the property, this Court is of the view that no further orders are required to be passed by this Court.

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In case, the petitioner is aggrieved by any non-action on the part of the MCD, the petitioner has the liberty to approach the Special Task Force

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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 25/09/2025 at 12:49:34

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(“STF”), as constituted by the Supreme Court, in terms of the orders passed by the Division Bench of this Court in the case of Devender Versus Govt. of NCT of Delhi and Ors. , and other connected matters in W.P.(C) 1807/2018, and Fazruddin Versus DDA and Ors., in W.P.(C) 4649/2017 . 8. In case, the owner/occupier of the property in question is aggrieved by any action of the MCD, his right to seek remedies in accordance with law, is reserved.

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Accordingly, with the aforesaid directions, the present writ petition, along with the pending application, is disposed of.

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MINI PUSHKARNA, J

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SEPTEMBER 22, 2025/ SK

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Ashok Kumar Kamboj v. MCD Thorugh Commissioner & Ors.

Case brief

What is this about?

What the court decided

Ashok Kumar Kamboj v. MCD Thorugh Commissioner & Ors.

Case brief

What is this about?

What the court decided

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