DR NEERAJ SHARMA vs MUNICIPAL CORPORATION OF DELHI & ORS.

Judgment text excerpt

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 28th October, 2025 + W.P.(C) 8729/2025 & CM APPL. 37313/2025 DR NEERAJ SHARMA .....Petitioner Through: None versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Gagan Gandhi, Ms. Tanushree Bakhshi, Dr. B.S. Chauhan, Ms. Shraddha Saxena and Mr. Vijay Kumar, Advs. for R-5 Mr. Mukesh Gupta, SC with Mr. Sachin Singh Sahi, Adv. for MCD CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL) 1. The present writ petition has been filed with prayer for directions to the respondent statutory authorities to inspect the terrace and second floor of property bearing No. A-15, Tagore Market, Kirti Nagar, New Delhi-110015 and to stop the work of illegal construction/deviations therein, allegedly being carried out by respondent no. 5 herein. 2. A Status Report 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 By:HARIOM SHARMA Signing Date:28.10.2025 21:27:29 ” 3. Perusal of the aforesaid Status Report shows that it is the categorical stand of the MCD that only permissible repair, in terms of the Unified Building Bye-Laws for Delhi, 2016 (“UBBL, 2016”), was being carried out on the second floor of the subject property. 4. Thus, there was no unauthorized construction found by the MCD in the property in question. 5. Learned counsel appearing for respondent no. 5, i.e., owner/occupier Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Date:28.10.2025 21:27:29 of the second floor and terrace of the property in question, submits that the petitioner is the owner and occupant of ground floor of the property in question. He submits that since the respondent no. 5 sta