MANGAL SINGH RAWAT vs MUNICIPAL CORPORATION OF DELHI

Judgment text excerpt

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 03.11.2025 + W.P.(C) 12115/2025 & CM APPL. 49398/2025 MANGAL SINGH RAWAT .....Petitioner Through: Mr. S.S. Ray, Sr. Adv. with Ms. Rakhi Ray, Mr. Vaibhav Gulia, Mr. Shubhaankar Ray, Advocates (M:9868123374) versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Sandeep Kumar, Additional Standing Counsel for MCD CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (ORAL): 1. The present writ petition has been filed seeking setting aside of the Demolition Order dated 21st July, 2025, passed by the Assistant Engineer (Bldg)-II Shahadra (South) Zone, with respect to the 4th Floor of the petitioner’s property in the building by the name of Shakti Bhawan, in plot no. S-606 School Block-II, Shakarpur, Delhi 110092. 2. A Status Report dated 30th October, 2025, has been filed on behalf of the Municipal Corporation of Delhi (“MCD”), relevant portions of which, read as under: “xxx xxx xxx Signature Not Verified Digitally Signed Page 1 of 6 By:HARIOM SHARMA Signing Date:05.11.2025 15:02:02 Signature Not Verified Digitally Signed Page 2 of 6 By:HARIOM SHARMA Signing Date:05.11.2025 15:02:02 Signature Not Verified Digitally Signed Page 3 of 6 By:HARIOM SHARMA Signing Date:05.11.2025 15:02:02 Signature Not Verified Digitally Signed Page 4 of 6 By:HARIOM SHARMA Signing Date:05.11.2025 15:02:02 ” 3. Perusal of the aforesaid Status Report filed on behalf of the MCD shows that it is the clear stand of the MCD that as regards the 4th Floor (Left Side), of the property in question, the same was constructed before the cut- off date, i.e., 08th February, 2007, as per the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011. However, as regards the construction on the Fourth Floor (R