Disposed

Delhi Waqf Board v. Delhi Municipal Corporation & Ors.

Delhi HC18 Aug 2025W.P.(C)/9614/2022

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging unauthorized construction. The court noted the Municipal Corporation had taken multiple demolition actions. It directed the MCD to continue legal action but refused to adjudicate title disputes.

What did the court decide?

The writ petition and pending application are disposed of; MCD directed to take further action against unauthorized construction; title dispute excluded from proceedings.

Delhi Waqf Board Vs Delhi Municipal Corporation & Ors. — Writ and Judicial Review | Delhi HC (2025)

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$~23

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 9614/2022 & CM APPL. 28690/2022

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DELHI WAQF BOARD .....Petitioner Through: Ms. Farhat Jahan Rehmani, ASC with Mr. Mohd. Danish, Advocate Mob: 9868179046

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versus DELHI MUNICIPAL CORPORATION & ORS. .....Respondents Through: Mr. Prabhat Kumar, Advocate for MCD Mob: 9811456675 Ms. Shobhana Takiar, Mr. Kuljeet Singh and Mr. Shivam Takiar, Advocates for DDA Mob: 9810962950 Email: [email protected] Mr. M.K. Thakur and Mr. Vishal Sood, Advocates for R-4 (M:9811151189) Email: [email protected]

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 18.08.2025

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The present writ petition has been filed seeking direction to the respondents to stop and demolish all construction activity on the land bearing Khasra no. 61, Gali no.12, Ambedkar Colony, Andheria Mod, Chattarpur, New Delhi-110074 .

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Learned counsel appearing for the respondent-Municipal Corporation of Delhi (“MCD”), draws the attention of this Court to the various Status Reports filed on behalf of the MCD.

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This Court notes that in the Status Report dated 26^th November, 2022,

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Page 1 of 6

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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 22/08/2025 at 12:32:49

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it has been noted as follows:

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“xxx xxx xxx

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4. That it is also pointed out here that pursuant to aforesaid demolition order already passed, the Building Department-II of South Zone /MCD has also tried to take/ carry out the necessary demolition action vide dated 24/08/2022, however, on account of shortage of time action could not be materialized since the action was taken on another property i.e. bearing No. Farm No. 6, Palm Drive, DLF Farm, Chhattarpur, New Delhi.

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xxx xxx xxx”

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Then again, in further Status/Action Taken Report filed on behalf of MCD on 21^st September, 2023, it is stated as follows:

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“xxx xxx xxx

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3. That pursuant to demolition /sealing orders already passed in respect of subject property Opp. H. No. B-2, Khasra No. 61, Gali No. 12, Ambedkar Colony, Andheria More, Chhatterpur, New Delhi, the Building Department-II of South Zone has tried/ taken /carried out the further necessary demolition /sealing action as per details given herein below:

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Page 2 of 6

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The photographs pertaining to aforesaid demolition action alongwith copy of Vacation Notice and No Force letter are annexed herewith as Annexure-A (Colly).

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4. That after taking the aforementioned demolition action, a letter dated 15/12/2022 has also been sent to concerned SHO PS Mehrauli, New Delhi with the request to direct the area patrolling staff to keep strict vigil over the subject property so that the demolished portion may not be re-stored/ repaired. Copy of the said letter is also annexed herewith as Annexure-B.

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xxx xxx xxx”

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Further, again revised Status /Action Taken Report dated 14^th April, 2024 has been filed on behalf of MCD, of which, the relevant portion is reproduced as under:

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Page 3 of 6

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6. The MCD has filed its latest Status/Action Taken Report dated 30^th November, 2024, wherein, it is stated as follows:

“xxx xxx xxx

Page 4 of 6

xxx xxx xxx”

Considering the aforesaid Status Reports, it is clear that action has been taken by the MCD against the unauthorized construction existing in the property in question, time and again.

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At this stage, learned counsel appearing for the petitioner submits that the petitioner has objection against the Status Reports filed on behalf of the respondent-MCD.

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Be that as it may, this Court notes that various actions have been taken by the MCD against the unauthorized construction existing in the property in question.

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In case, the petitioner has any further grievance, the petitioner has the liberty to approach the Special Task Force (“STF”) as constituted by the Supreme Court, in terms of the orders passed by the Division Bench of this Court in the case of Devender Versus Govt. of NCT of Delhi and Ors. , in W.P.(C) 1807/2018 and Fazruddin Versus DDA and Ors in W.P.(C) 4649/2017 .

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Likewise, in case, the owner/occupier of the property in question has

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Page 5 of 6

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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 22/08/2025 at 12:32:49

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any grievance against any action taken by the MCD, the said owner/occupier shall have the liberty to seek remedies, in accordance with law.

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Since, it is the stand of the MCD that further action in respect of the subject property will be taken, it is directed that the MCD shall take further action with regard to the unauthorized construction existing in the property in question, in accordance with law.

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As regards the dispute with respect to the title of the land, this Court shall not go into any such dispute in the present proceedings.

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

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MINI PUSHKARNA, J

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AUGUST 18, 2025/ ak

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Page 6 of 6

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Delhi Waqf Board v. Delhi Municipal Corporation & Ors.

Case brief

What is this about?

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Delhi Waqf Board v. Delhi Municipal Corporation & Ors.

Case brief

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