Disposed¶16

Mohd. Taqui Khan v. Municipal Corporation of Delhi & Ors.

Delhi HC1 Jul 2025W.P.(C)/8684/2025

Case brief

AI extract

What is this about?

Delhi High Court; W.P.(C) 8684/2025 & CM APPL. 37212/2025; Mohd. Taqui Khan v. Municipal Corporation of Delhi & Ors.; order dated 01.07.2025; Justice Mini Pushkarna; unauthorized construction; demolition directions; property/plot Nos. 374 & 375, Zakir Nagar, Jamia Nagar, Okhla; STF action initiated; MCD part action 09.06.2025; prior appeal RCA DJ No. 61263/2016 (judgment dated 26.09.2019); co-ownership claim not adjudicated; petition disposed.

What did the court decide?

Direction that further requisite action be taken by the concerned authorities against the unauthorized construction and that no further unauthorized construction be carried out on the property in question; writ petition and pending application disposed of accordingly. ¶16

Mohd. Taqui Khan 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 directions should be issued to respondent no. 1 (MCD) to demolish the alleged illegal and unauthorized construction at property/plot Nos. 374 & 375, Gali No. 17, Zakir Nagar, Jamia Nagar, Okhla, New Delhi, allegedly raised by respondent nos. 7 and 8, and for respondent nos. 2 to 5 to assist in action against it.

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Court's answer

The Court, without adjudicating the petitioner's claim of co-ownership, recorded the submissions of STF and MCD that action against the unauthorized construction had already been initiated.

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Ratio / Principle

Further requisite action against the unauthorized construction shall be taken by the concerned authorities, and it shall be ensured that no further unauthorized construction is carried out on the property in question.

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Key takeaways

No further orders were required to be passed in the writ petition.ratio¶14

Detailed headnote1 paragraphs

Delhi High Court (Mini Pushkarna, J.) disposed of a writ petition seeking demolition of alleged illegal and unauthorized construction at property/plot Nos. 374 & 375, Gali No. 17, Zakir Nagar, Jamia Nagar, Okhla, New Delhi, allegedly raised by respondent nos. 7 and 8, with a prayer that respondent nos. 2 to 5 assist in action. Counsel for the Special Task Force (R-3) stated that requisite action had already been initiated and relied on Annexure P-2, a judgment dated 26.09.2019 in RCA DJ No. 61263/2016, to show an existing property dispute between the petitioner and the private respondents with differing property details. MCD (R-1) confirmed part action taken on 09.06.2025. Without going into the petitioner's claim of co-ownership, the Court directed the concerned authorities to take further requisite action and to ensure no further unauthorized construction, held no further orders necessary, and disposed of the petition along with the pending application.

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$~13

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 8684/2025 & CM APPL. 37212/2025

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MOHD. TAQUI KHAN .....Petitioner Through: Mr. Mohd. Asif, Adv. (Through VC)

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versus

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MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents

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Through: Ms. Shobhana Takiar SC with Mr. Kuljeet Singh, for R-3 M:9810962950 Email: [email protected] Ms. Avshreya Pratap Singh Rudy (SPC) with Mr. Vidhur Dwivedi, Ms. Harshita Chaturvedi and Ms. Usha Jamnal, for R-4 & 5 M: 9717116963, Email:[email protected] Mr. Rishab Raj Jain (SC) with Ms. Kirti Garg, for R-6, M: 9811079695 Email: [email protected]

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 01.07.2025

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The present writ petition has been filed for directions to the respondent no. 1 to demolish the illegal and unauthorized construction on the property/plot No. 374 & 375, land measuring 300 sq. yards, situated at Gali No.17, Zakir Nagar, Jamia Nagar, Okhla, New Delhi-110025 , raised

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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 03/07/2025 at 21:07:28

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by respondent nos. 7 and 8. It is further prayed that respondent nos. 2 to 5 take immediate steps and provide assistance towards taking action against the said unauthorized construction.

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It is the contention on behalf of the petitioner that the petitioner is one of the co-owners of the property in question. 3. Responding to the present petition, learned counsel appearing on behalf of respondent no. 3, i.e. Special Task Force (“STF”), submits that requisite action against the unauthorized construction in question has already been initiated. She further draws the attention of this Court to Annexure P-2 , which is the copy of the Judgment dated 26^th September, 2019, in Appeal bearing RCA DJ No. 61263/2016 , to submit that there exists a property dispute between the petitioner and the private respondents. She further submits that the details of the property as given in the present writ petition are different from the details of the property as given in the said judgment.

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Learned counsel appearing for the respondent no. 1- Municipal Corporation of Delhi (“MCD”) confirms the fact that part action had already been taken by the MCD on 9^th June, 2025. 5. Without going into the issue regarding the claim of the petitioner being the co-owner of the property in question, this Court notes the submissions made on behalf of the STF as well as MCD that action against the unauthorized construction in question has already been initiated. 6. Considering the aforesaid, it is directed that further requisite action shall be taken by the concerned authorities. It shall be ensured that no further unauthorized construction is carried out in the property in question. 7. Noting the aforesaid, no further orders are required to be passed in the present writ petition.

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

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MINI PUSHKARNA, J

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JULY 1, 2025/SK

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Mohd. Taqui Khan v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Mohd. Taqui Khan v. Municipal Corporation of Delhi & 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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