Smt Kamlesh Sharma Vs Municipal Coporation of Delhi & Ors.

The present petition alleges wilful disobedience / non-compliance with the directions contained in the order dated 28.04.2025, passed by this Court in W.P.(C) 5447/2025. The said order reads as under:

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“ 1.The present writ petition has been filed for directions to respondentnos. 1 to 3, to demolish the illegal constructions and seal the propertybearing no. 27, Hakikat Nagar, Delhi-110009.

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2. Learned counsel appearing for the petitioner submits that a complaintdated 5th April, 2025, was submitted by the petitioner to the respondents no.1 & 2/ Municipal Corporation of Delhi (“MCD”), with respect to theunauthorized and illegal construction in the property, wherein, therespondent no. 4 has removed a load bearing wall from the property, whichwas standing there since last 55 years.

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3. There is further allegation that the respondent no. 4 has installed ashutter and intends to convert the residential unit into a commercial one,without any permission from the MCD.

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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 12/01/2026 at 12:56:52

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4. Per contra, learned counsel appearing for the MCD, on advancenotice, submits that the unauthorized construction in the property hasalready been booked on 25th April, 2025, and a Show Cause Notice withregard thereto, has already been issued.

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5. She further submits that the proceedings are now listed before thedepartment on 14th April, 2025, and that requisite action shall be taken bythe MCD in accordance with law, after granting hearing to the respondentno. 4 herein, i.e., owner/occupier of the property in question.

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6. Taking into account the aforesaid submissions made on behalf of theMCD, it is directed that requisite action shall be taken by the MCD inaccordance with law expeditiously, especially, in view of the allegation ofthe petitioner that a load bearing wall standing from last 55 years, has beenremoved.

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7. In case, the petitioner is aggrieved by any non-action on the part ofthe MCD, the petitioner is at liberty to approach the Special Task Force(“STF”) constituted by the Hon’ble Supreme Court, in terms of thedirections as passed by the Division Bench of this Court in the cases of Devender Versus Govt. Of NCT of Delhi & Ors., in W.P.(C) 1807/2018 and Fazruddin Versus DDA in W.P.(C) 4649/2017.

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8. The MCD, upon taking action against the alleged unauthorized construction, shall upload the Action Taken Report, on the website of theSTF.

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9. The SHO of the local Police Station is directed to ensure that adequatepolice force is provided to the MCD for taking requisite action, against the unauthorized construction.

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10. Rights and contentions of all the parties are kept open and in case the respondent no. 4, i.e., owner/occupier of the property in question, isaggrieved by any action of the MCD, he is at liberty to seek his remedies, asavailable.

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11. The MCD shall also ensure that no further illegal construction is carried out.

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12. With the aforesaid directions, the present writ petition, along with thepending application, stands disposed of. ”

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During the course of hearing, a status report has been handed over by the Municipal Corporation of Delhi (MCD) in which it is stated as under:

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“ 1. That the deponent has acquainted himself with the facts and circumstances

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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 12/01/2026 at 12:56:52

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of the present case on the basis of the records available and maintained in the office of the respondent / MCD, as such is competent to sear the present affidavit on behalf of answering respondent.

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2. That the property bearing no.27, Hakikat Nagar was inspected on 25.04.2025. During inspection, no shifting/removal of wall was noticed. However, the owner has carried out unauthorized construction in the shape of one room, on toilet by raising walls and covering roof by metro sheet in the back courtyard of ground floor. Accordingly, show cause notice vide file no.35/C-13/B-I/UC/CLZ/2025 dt, 25.04.2025 issued to Sh. R.S. Sandhuowner/occupier of the flat in question. A show cause notice u/s 343 & 344 of DMC Act was issued on 25.04.2025 wherein date of personal hearing was fixed for 14.05.2025 at 3.00 P.M.

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3. That on 14.05.2025, Sh, R.S. Sandhu appeared and filed some old photographs of the ground floor and further sought time for filing more documents. As per request, hearing adjourned to 28.05.2025. On 28.05.2025, Sh. R. S. Sandhu owner/occupied submitted documents including structural stability certificate dt. 22.05.2025, that building was safe, after considering documents/reply, demolition order was passed on 13.06.2025. As per order, 15 days time was granted to demolish the unauthorized construction which was booked as per show cause notice.

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4. That the owner/occupier of Sh. R.S. Sandhu failed to demolish the unauthorized construction within stipulated period. The demolition action was taken on 09.07.2025 and removed the roof/metro sheet, demolished toilet wall (partly). The photographs take after demolitionare annexed herewith as “Annexure A Colly” . Further action was fixed for 11.08.2025 but due to non-availability of Police Force, no action could be taken. Copy of no force letter from P.S. Mukherjee Nagar is annexed herewith as “Annexure B” .

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5. That site has been inspected on 06.01.2026 by the concerned official, upon inspection it was noticed that unauthorized construction which was booked has already been demolished by owner/occupier of the groundfloor.The photographs take at the time of inspection are annexed herewith as “Annexure C Colly” .

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In terms of the above, it appears that requisite action has been taken by the MCD and it cannot be said that there is wilful disobedience of the directions contained in the order dated 28.04.2025.

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Learned counsel for the petitioner vehemently emphasizes that there is shortcoming in the action taken by the MCD.

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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 12/01/2026 at 12:56:52

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In terms of the directions contained in the order dated 28.04.2025 itself, petitioner has been granted liberty to approach the Special Task Force (STF) in this regard.The petitioner would be at liberty to do so, if it is aggrieved on account of alleged shortcoming/s in the action taken by the MCD.

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Needless to say, the STF would examine any such complaints / representations of the petitioner in accordance with law.

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The petition stands disposed of in above terms.

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SACHIN DATTA, J

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JANUARY 9, 2026/ cl

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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 12/01/2026 at 12:56:52

Smt Kamlesh Sharma v. Municipal Coporation of Delhi & Ors.

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Smt Kamlesh Sharma v. Municipal Coporation of Delhi & Ors.

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