Petitioner sought writs of prohibition and mandamus to stop and demolish alleged unauthorised construction at a Tri Nagar property. MCD stated a show cause notice had been issued under Sections 343 and 344(1). Court noted action would follow per law and the Supreme Court demolition directions and disposed of the petition.
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NARENDER KUMAR SHARMA .....Petitioner Through: Mr. Amit Nayar, Advocate.
versus
MUNICIPAL CORPORATION OF THE DELHI & ANR. .....Respondents Through: Mr. Mukesh Gupta, Standing Counsel with Mr. Sachin Singh Shahi, Mrs. Sashi Gupta, Mr. Arna Gupta and Mrs. Priyanka Singh, Advocates for MCD for R1 and R2.
Mr. R.K. Dhawan, Standing Counsel with Ms. Nisha Dhawan, Mr. V.K. Teng, Mr. Naman Kumar Thakur, Mr. K.R. Madhar and Ms. Jyoti Sahai Joshi, Advocates for R4.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 08.01.2025
1. This writ petition has been preferred on behalf of the Petitioner seeking the following reliefs:-
“1. Issue a writ / order/ direction of Prohibition to the local authorities i.e. Respondent no.1 to prevent the respondent no 2 from constructing the Property bearing i.e. 1436/98, Ganesh Pura, Tri Nagar, Delhi-110035.
2. Issue a writ of Mandamus and direct the respondent MCD to take appropriate legal action against such unauthorized and illegal construction and further direct the MCD to demolish the said unauthorized constructions.
3. Issue a writ of mandamus/ order or direction be passed against respondent no. 1 stop and seal the unauthorized ongoing construction on the suit Property bearing i.e. 1436/98, Ganesh Pura, Tri Nagar, Delhi110035.”
W.P.(C) 91/2025 Page 1 of 3
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 24/01/2025 at 12:28:30
W.P.(C) 91/2025 Page 2 of 3
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 24/01/2025 at 12:28:30
to approach the Special Task Force constituted under orders of the Supreme Court dated 24.04.2018 and 18.07.2018 in W.P. (C) 4677/1985 M.C. Mehta v. Union of India and Ors. in the event of any surviving grievance.
JYOTI SINGH, J
JANUARY 08, 2025/shivam
W.P.(C) 91/2025 Page 3 of 3
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 24/01/2025 at 12:28:30
1 issue framed by the court
Whether MCD should be directed to act against alleged unauthorised construction at the Tri Nagar property.
Colour shows how this judgement treated each authority
In Re: Directions in the matter of demolition of structuresRelied on¶2
2024 SCC OnLine SC 3291 · Who else cites this
2 provisions across 1 enactments
Narender Kumar Sharma
Municipal Corporation of the Delhi
Respondent No. 2
Respondent No. 4
Jyoti Singh
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
