AFSAR ALI vs MUNICIPAL CORPORATION OF DELHI & ORS.

Judgment text excerpt

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 07th November, 2025 + W.P.(C) 16901/2025 AFSAR ALI .....Petitioner Through: Mr. Jibran, Adv. (Through VC) Mob: 7011868864 versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Dhruv Varma, Mr. Rohit Kathuria and Mr. Harshit Sharma, Advocates for R-1 and 2. Mob: 8810310103 Email: [email protected] Mrs. Akanksha Gupta, SPC for R-3 Mr. Arshdeep Singh Bhatti, Advocates for R-4 Mob: 9999631964 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (ORAL): 1. The present writ petition has been filed seeking directions to the respondent nos. 1 to 3, to take appropriate action against respondent no. 4, thereby stopping the illegal and unauthorized construction being raised in the property bearing No. 7123, Durga Gali, Gandhi Nagar, Delhi-110031. 2. Responding to the present writ petition, learned counsel appearing for respondent no. 4 submits that respondent no. 4 is the owner/occupier of the building in question, up to the second floor. He submits that the petitioner is Signature Not Verified Digitally Signed Page 1 of 4 By:HARIOM SHARMA Signing Date:09.11.2025 18:10:18 the tenant, who is occupying a shop on the ground floor of the building in question, which is owned by respondent no. 4. 3. Learned counsel appearing for respondent no. 4 further submits that an Eviction Petition had been filed by respondent no. 4, against the petitioner, which is now listed for orders and clarification on 11th November, 2025. 4. He further submits that the present writ petition has been filed by suppression of material facts, since the petitioner was aware about the Municipal Corporation of Delhi (“MCD”) having taken cognizance of the unauthorized construction existing in the property in question