ANIJAY TYAGI vs MCD OF DELHI & ORS.

Judgment text excerpt

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 15.05.2025 + W.P.(C) 6522/2025 & CM APPL. 29685/2025 ANIJAY TYAGI .....Petitioner Through: Mr. Sanjay Bhardwaj, Advocate M:9212143124 Mr. Yogesh Kumar Rajput with Mr. Vijay Kumar Dwivedi, Advocates versus MCD OF DELHI & ORS. .....Respondents Through: Ms. Sanam Tripathi and Mr. A. Mittal, Advocates CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL) 1. The present writ petition has been filed for setting aside the demolition order dated 30th April, 2025, issued by the Office of the Assistant Engineer (Bldg.)-II, Civil Lines Zone, Municipal Corporation of Delhi (“MCD”). 2. Learned counsel appearing for the petitioner submits that the petitioner is the owner of the property bearing Plot No.321, Gali No.3 (known as 3/321), Nirankari Colony, Delhi-110009. 3. It is the submission of the learned counsel for the petitioner that the petitioner, is the bona fide purchaser of the said plot, and after getting the building plan sanctioned, the petitioner has raised construction therein. Signature Not Verified Digitally Signed By:AMAN UNIYAL Signing Date:15.05.2025 19:25:57 4. He, thus, submits that there is no unauthorized construction in the property in question. 5. Per contra, learned counsel appearing for the respondents/Municipal Corporation of Delhi (“MCD”), on advance notice, submits that there are deviations on all the floors existing in the property in question. She submits that the petitioner has raised projection on the public land, which is beyond the sanctioned building plan. She, thus, submits that the said deviations have to be removed by the petitioner. 6. At this stage, learned counsel appearing for the petitioner submits that the petitioner has not been informed about any specific devi