Arun Mehta Vs Municipal Corporation of Delhi and Ors.

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$~15

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 8180/2024 & CM APPL. 33574/2024

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ARUN MEHTA .....Petitioner Through: Mr. Deepanshe Devel, Adv. (Through VC)

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versus

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MUNICIPAL CORPORATION OF DELHI AND ORS. .....Respondents Through: Mr. Abhishek Mahajan, Adv. for R-1 Mr. Manashwy Jha, PC (Civil), GNCTD for R-2 (Through VC)

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 18.11.2025

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The present writ petition has been filed seeking directions to demolish the unauthorized construction/encroachment at property bearing Nos. 1968/1-A-1 and 1968/1-A/B, near DCP Office East, Bhola Nath Nagar, Shahdara, Delhi-110032 .

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Latest Status Report has been filed on behalf of the Municipal Corporation of Delhi (“MCD”), the relevant portions of which, read as under:

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“xxx xxx xxx

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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 20/11/2025 at 12:08:56

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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 20/11/2025 at 12:08:56

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This is a digitally signed order.

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”

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Perusal of the aforesaid Status Report shows that the existing structure in the property in question, i.e., property bearing No. 1698/1-A/B, Shalimar Park, Bhola Nath Nagar, Shahdara, Delhi , was demolished by the owner/builder himself. Subsequently, a Sanctioned Building Plan was obtained by the owner/occupier of the said property from the online process under SARAL Scheme. However, subsequently, upon inspection, it was found that the construction was being carried out without supervision of a Structure Engineer/Supervisor. Thus, Work Stop Notice dated 12^th August, 2025 was issued by the MCD to the said owner/occupier.

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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 20/11/2025 at 12:08:56

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Today, learned counsel appearing for the respondent-MCD, on instructions, submits that no construction is being carried out at the property in question and the work remains stopped therein.

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He further submits that a Show Cause Notice has also been issued against the property in question, to show cause as to why the said Sanctioned Building Plan, should not be revoked. 6. He further submits that the MCD has already taken cognizance of the construction in the property in question and that action shall be taken after following the due procedure and in accordance with law. 7. Accordingly, considering the submissions made before this Court, the MCD is held enjoined upon to ensure that no unauthorized construction takes place in the property in question and that any construction to be carried out in the property, is only in accordance with a Sanctioned Building Plan. 8. This Court also takes note of the submission made on behalf of the MCD in the Status Report, wherein, it is stated that the old existing structure of the property already stands partially demolished. 9. Accordingly, in case of any deviation/excess coverage/unauthorized construction in the property in question, the MCD is held bound to take further action in accordance with law. 10. In case, the petitioner or owner/occupier of the property in question, are aggrieved by any action or non-action on the part of the MCD, their right to seeks remedies, in accordance with law, is reserved.

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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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NOVEMBER 18, 2025/KR

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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 20/11/2025 at 12:08:56

Arun Mehta v. Municipal Corporation of Delhi and Ors.

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Arun Mehta v. Municipal Corporation of Delhi and Ors.

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