Disposed¶19

Mohd. Nasir v. Municipal Corporation of Delhi and Ors.

Delhi HC16 May 2025W.P.(C)/6573/2025

Case brief

AI extract

What is this about?

Delhi High Court; W.P.(C) 6573/2025 & CM APPL. 29788/2025; Mohd. Nasir v. Municipal Corporation of Delhi and Ors.; unauthorized construction; illegal encroachment; bona fide purchaser; vacant plot 100 sq. yds.; Jaitpur Extension Part-II; no sanction plan; Work Stop Notice; Police Station Kalindi Kunj; property booked ground floor to fourth floor; title and possession dispute not maintainable in writ jurisdiction; liberty to file civil proceedings; MCD to act per due process; disposed of by Justice Mini Pushkarna on 16.05.2025.

What did the court decide?

Liberty granted to the petitioner to seek remedies by initiating appropriate civil proceedings; MCD directed to take requisite action against the unauthorized construction after following due process of law; writ petition and pending application disposed of. ¶19

Mohd. Nasir Vs Municipal Corporation of Delhi and Ors. — Delhi HC (2025) — LawSathi Research

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$~71

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 6573/2025 & CM APPL. 29788/2025

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MOHD. NASIR .....Petitioner Through: Mr. Mohd. Babar, Adv. with petitioner in person

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versus

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MUNICIPAL CORPORATION OF DELHI AND ORS. .....Respondents Through: Mr. Akshay Verma, Adl. SC for R-1. Mr. Avtaar Singh Deol, Adv. for R-2 Ms. Prabhsahay Kaur, SC with Ms. Harshita Rai and Ms. Kavya Shukla, Advs. for STF Mr. Shiv Shakar Parashar, Adv. for owner of the property.

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R

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% 16.05.2025

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The present writ petition has been filed alleging unauthorized and illegal construction being carried out by respondent nos. 4 to 6, in property of the petitioner, i.e., D-464, Khasra No. 698/697, area measuring 100 sq. yds., near Rampali School, Jaitpur Extension Part-II, New Delhi-110044 .

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Learned counsel appearing for the petitioner submits that petitioner is a bonafide purchaser of 100 sq. yds. vacant plot, which was bounded by the petitioner. However, the said boundary has been destroyed by the respondent nos. 4 to 6, and they have illegally encroached and started

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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 01/07/2025 at 19:55:50

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construction without any site plan or sanction plan, from the Municipal Corporation of Delhi (“MCD”).

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Learned counsel appearing for respondent no.1, on advance notice, upon instructions, submits that the property in question was inspected on 13^th May, 2025, after which, Work Stop Notice was issued to Police Station, Kalindi Kunj.

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It is further submitted that the said property has already been booked for unauthorized construction from ground floor to fourth floor, on 15^th May, 2025.

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This Court notes that in the present writ petition, the petitioner has raised dispute as regards the title and possession of the property in question, which cannot be adjudicated by this Court in the writ proceedings.

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Accordingly, liberty is granted to the petitioner to seek remedies, by initiating appropriate civil proceedings.

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In view of the submissions made by learned counsel appearing for the MCD, upon instructions, it is directed that the MCD shall take requisite action against the unauthorized construction existing in the property in question, after following due process of law.

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

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MINI PUSHKARNA, J

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MAY 16, 2025/kr

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Mohd. Nasir v. Municipal Corporation of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Mohd. Nasir v. Municipal Corporation of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

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What the court decided

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