Allowed

Sikandar v. Ashwani Kumar (Commissioner) & Ors.

Delhi HC8 Oct 2025CONT.CAS(C)/1179/2025

Case brief

AI extract

What is this about?

In this writ petition challenging unauthorized construction, the Delhi High Court noted a suit for specific performance was pending. The court directed the MCD to proceed with demolition of the unauthorized structure without waiting for the suit's conclusion, while allowing grievance remedies to subsequent purchasers.

What did the court decide?

The Municipal Corporation was directed to demolish the unauthorized construction. The petition was disposed of. Further evidence regarding resident verification was admitted.

Sikandar Vs Ashwani Kumar (Commissioner) & Ors. — Property and Title | Delhi HC (2025)

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$~21 & 22

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CONT.CAS(C) 1179/2025 SIKANDAR .....Petitioner Through: Mr. Sandeep Sharma, Sr. Advocate with Ms. Kavya, Mr. Kamal Jindal and Mr. Deekshant Kaushik, Advs. Mob: 9818369860 Email: [email protected] versus ASHWANI KUMAR (COMMISSIONER) & ORS. .....Respondents Through: Mr. Siddhartha Gupta, SC for R-1 to 3/MCD Mob: 9810141287 Ms. Ekta Choudhary and Ms. Rushali Sikand, Advs. for R-4 Mob: 9910376565 Email: [email protected] Ms. Pooja Dhar and Mr. Pratul Pratap Singh, Advs. for R-5 Mob: 981048862

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W.P.(C) 8949/2025 & CM APPL. 41135/2025

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		.....Petitioner
Through:	Mr. Sandeep Sharma, with Ms. Kavya, Mr.	Sr. Advocate Kamal Jindal
	and Mr. Deekshant Kau	shik, Advs.
	Mob: 9818369860
	Email: kjindal2004@gm	ail.com

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versus

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THE COMMISSIONER, MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents

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Page 1 of 9

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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 13/10/2025 at 13:46:10

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Through: Mr. Siddhartha Gupta, SC for R-1 to 3/MCD

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Mob: 9810141287 Email: [email protected] Ms. Kadambini Sharma, Sr. Panel Counsel with Mr. Shivam Kori, Adv. for R-4 Mob: 9643396172 Email: [email protected] & [email protected] Ms. Pooja Dhar and Mr. Pratul Pratap Singh, Advs. for R-5 Mob: 981048862

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

08.10.2025

The present petitions pertain to the issue with regard to taking action against the unauthorized construction being carried out by respondent no. 5 in part of property bearing No . A-2, Khasra No. 60, Anupam Enclave, Phase I, Saidulajab, New Delhi-110030.

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When the matter was listed before this Court on 10^th September, 2025, in view of the submissions made before this Court, the following order came to be passed:

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“xxx xxx xxx

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5. He draws the attention of this Court to the complaint dated 27^th June,2025, filed by the petitioner which is Annexure P-3 to the present writ petition, wherein, the address of the petitioner has been shown as A-2, Khasra No. 60, Anupam Enclave, Phase I, Saidulajab, New Delhi-110030.

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6. Learned counsel for the purchaser further draws the attention of this Court to the Aadhar Card of the petitioner, wherein, his address is shown as Kolkata, West Bengal.

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Page 2 of 9

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7. He further draws the attention of this Court to the Memo of Parties in the writ petition, wherein, the petitioner is shown as resident of A- 2/A, Khasra 60, Anupam Enclave, Phase I, Saidulajab, New Delhi110030.

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8. Learned counsel appearing for the purchaser of the subject property submits that the petitioner does not stay in the aforesaid address, as given in the Memo of Parties. He further draws the attention of this Court to the address as given in the Memo of Parties in the Contempt Petition, wherein, the address of the petitioner is stated as follows:

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 A-2/1, Khasra 60, Anupam Enclave, Phase I, Saidulajab, New Delhi-110030

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9. Accordingly, Station House Officer (“SHO”), Police Station Mehrauli is directed to ascertain as to whether the petitioner stays in any of the following two addresses:

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I. A-2/A, Khasra 60, Anupam Enclave, Phase I, Saidulajab, New Delhi-110030

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II. A-2/1, Khasra 60, Anupam Enclave, Phase I, Saidulajab, New Delhi-110030

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10. Let Status Report be filed by the SHO, Mehrauli, within a period of ten days from today.

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11. Re-notify on 08th October, 2025.”

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Today, learned Senior Counsel appearing for the petitioner, has handed over to this Court copy of a suit filed on behalf of the petitioner against respondent no. 5, seeking specific performance.

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Learned Senior Counsel for the petitioner submits that the petitioner had purchased the subject property from respondent no. 5, on the basis of which, the said suit for specific performance has been filed.

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The documents handed over by learned Senior Counsel for the petitioner pertaining to the suit filed by the petitioner against respondent no. 5, are taken on record.

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Learned Senior Counsel appearing for the petitioner submits that

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Page 3 of 9

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since construction was noticed in the portion of the property purchased by the petitioner, the present writ petition has been filed.

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Learned counsel appearing for the Delhi Police has handed over copy of the Status Report filed on behalf of Station House Officer (“SHO”), Police Station Mehrauli, which is taken on record.

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As per the said Status Report, the neighbours and other concerned persons have not been able to recognize the petitioner. 9. Responding to the aforesaid, learned Senior Counsel appearing for the petitioner submits that the petitioner has recently purchased the property in question, and since, the possession of the premises have still not been handed over to the petitioner, the petitioner has filed a suit for specific performance, in regard thereto.

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Learned counsel puts in appearance on behalf of respondent no. 5, and submits that she represents the subsequent purchasers of subject property as well. She submits that the subsequent purchasers of the property in question from respondent no. 5 are M/s J&K Real Estate Builders and Developers, Mr. Satish Kumar and Mr. Sultan Singh Deswal.

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She further submits that the subsequent purchasers from respondent no. 5 are in possession of the property in question.

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At this stage, learned counsel appearing for the MCD draws the attention of this Court to the Status Report filed on behalf of the MCD. 13. It is to be noted that a Status/Action Taken Report dated 10^th September, 2025, has been filed on behalf of MCD in CONT.CAS(C) 1179/2025 , relevant portions of which, read as under:

“xxx xxx xxx

Page 4 of 9

Page 5 of 9

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 13/10/2025 at 13:46:10

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Page 6 of 9

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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 13/10/2025 at 13:46:10

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Page 7 of 9

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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 13/10/2025 at 13:46:10

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”

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This Court notes that further Status/Action Taken Report dated 04^th October, 2025, has been filed on behalf of the MCD in W.P.(C) 8949/2025 , relevant portions of which, read as under:

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“xxx xxx xxx

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Page 8 of 9

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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 13/10/2025 at 13:46:10

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”

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Perusal of the aforesaid Status Report shows that the MCD has already initiated action against the property in question and that the next program for action has been fixed for 22^nd October, 2025.

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Accordingly, the MCD is enjoined upon to take action against the unauthorized construction existing in the property, in accordance with law. 17. In case, the subsequent purchasers of the property in question from respondent no. 5 have any grievance with the demolition action taken by the MCD, or the demolition order having been passed by the MCD, they are at liberty to seek their remedies in accordance with law, including, filing an application for regularization of the existing structure.

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Accordingly, no further orders are required to be passed in the present petitions.

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The present petitions, along with the pending applications, are accordingly disposed of.

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MINI PUSHKARNA, J

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OCTOBER 8, 2025/ ak

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Page 9 of 9

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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 13/10/2025 at 13:46:10

Sikandar v. Ashwani Kumar (Commissioner) & Ors.

Case brief

What is this about?

What did the court decide?

Sikandar v. Ashwani Kumar (Commissioner) & Ors.

Case brief

What is this about?

What did the court decide?

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