Disposed¶27

Shama Parveen v. Municipal Corporation of Delhi and Ors.

Delhi HC3 Sept 2025W.P.(C)/6536/2025

Case brief

AI extract

What is this about?

W.P.(C) 6536/2025, Delhi High Court, decided 03.09.2025 by Justice Mini Pushkarna; petitioner Shama Parveen v. Municipal Corporation of Delhi and others; unauthorized construction, Laxmi Nagar/Shakarpur property, MCD status report, one room at fifth floor booked, ground to fourth floors old and occupied, disputed questions of fact not for writ court, liberty to seek civil remedies, MCD to prevent further unauthorized construction; petition along with CM APPL. 29725/2025 disposed of.

What did the court decide?

Writ petition and pending application disposed of; no directions issued on the disputed floors - petitioner left at liberty to seek civil remedies, while MCD is to ensure no further unauthorized construction in the property. ¶27

Shama Parveen Vs Municipal Corporation of Delhi and Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether directions should be issued to take action against the illegal and unauthorized construction allegedly being carried out by respondent nos. 2 to 5 on the fourth, fifth and sixth floors of the property at F-47, Street No. 10, West Jawahar Park, Laxmi Nagar, Shakarpur Baramad, East Delhi. +1 more

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Court's answer

MCD shall ensure that no further unauthorized construction is carried out in the property in question.

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Ratio / Principle

The questions raised before this Court by the petitioner would require trial, and this Court cannot go into the disputed questions of facts.

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Key takeaways

In case there is unauthorized construction existing in other portions of the building, the petitioner is at liberty to seek civil remedies to obtain further directions in that regard.ratio¶23

Detailed headnote1 paragraphs

Delhi High Court (Mini Pushkarna, J.) disposed of a writ petition by Shama Parveen seeking directions for action against alleged illegal and unauthorized construction by respondent nos. 2 to 5 on the fourth, fifth and sixth floors of property F-47, Street No. 10, West Jawahar Park, Laxmi Nagar, East Delhi. Per MCD's Status Report, only one room on the fifth floor had been booked as unauthorized construction, while ground to fourth floors were old and occupied, and MCD had already acted on the booked violation. As the petitioner's counsel insisted other floors were also unauthorized, the Court held that the questions raised would require trial and that it cannot go into disputed questions of facts in writ proceedings; the petitioner was left at liberty to seek civil remedies for alleged violations in other portions, while MCD was to ensure no further unauthorized construction in the property.

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$~43

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 6536/2025 & CM APPL. 29725/2025 SHAMA PARVEEN

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.....Petitioner

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Through: Mr. Naushad Ahmed Khan, Advocate

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versus

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MUNICIPAL CORPORATION OF DELHI AND ORS.

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.....Respondents

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Through: Mr. Gyanendra Kumar, Advocate for MCD Mob: 9560505601 Mr. Shubham Sharma, Advocate for R-5 Mr. Tanveer Ahmed Ansari, SPC for Respondent no. 6

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 03.09.2025

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The present writ petition has been filed praying for directions to take action against the illegal and unauthorized construction being carried out by respondent nos. 2 to 5 on the fourth, fifth and sixth floor of the property in question, i.e., F-47, Street No. 10, West Jawahar Park, Laxmi Nagar, Shakarpur Baramad, East Delhi, Delhi – 110092 .

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Status Report 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 08/09/2025 at 12:36:46

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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 08/09/2025 at 12:36:46

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Perusal of the aforesaid Status Report shows that it is the stand of the MCD that unauthorized construction in the shape of one room at fifth floor was booked by the department. Further, ground floor to fourth floor, are stated to be old and occupied.

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The MCD has already taken action against the unauthorized construction in the property in question.

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Per contra , learned counsel for the petitioner submits that other floors are also unauthorized.

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If that be the case, this Court notes the stand of the MCD that ground floor to fourth floor, are old and occupied.

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The questions raised before this Court by the petitioner would require trial.

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This Court cannot go into the disputed questions of facts. Thus, in case there is unauthorized construction existing in other portions of the building, the petitioner is at liberty to seek civil remedies in order to seek further directions in this regard.

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Needless to state that MCD shall ensure that no further unauthorized construction is carried out in the property in question.

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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 08/09/2025 at 12:36:46

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

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MINI PUSHKARNA, J

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SEPTEMBER 3, 2025/ au

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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 08/09/2025 at 12:36:46

Shama Parveen v. Municipal Corporation of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Shama Parveen v. Municipal Corporation of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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