SHANTA DEVI vs SOUTH MCD & ORS.

Judgment text excerpt

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 28.10.2025 + W.P.(C) 739/2022 SHANTA DEVI .....Petitioner Through: Mr. Arpit Bhalla, Advocate Mob: 9990766666 Email: [email protected] versus SOUTH MCD & ORS. .....Respondents Through: Mr. Anubhav Gupta, Panel Counsel (Civil), GNCTD for R-2 and R-3 Mob: 9910623535 Email: [email protected] Mr. Anuj Chaturvedi, SC and Ms. Richa Dhawan, SC with Ms. Shivani Thakur, Advocate for MCD Mob: 9810473166 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (ORAL): 1. The present petition has been filed seeking directions to the respondents to restore the shop of the petitioner, i.e., Shop No. 27, measuring 8.8 sq meters out of Khasra No. 52, situated in Revenue Estate of Village Najafargh, Delhi-110043, in the same position as it was before the demolition was carried out. 2. On 23rd April, 2025, this Court had passed detailed directions, in the following manner: “1. Learned counsel appearing for the Municipal Corporation of Delhi (“MCD”), draws the attention of this Court to the order dated Signature Not Verified Digitally Signed W.P.(C) 739/2022 Page 1 of 7 By:HARIOM SHARMA Signing Date:29.10.2025 18:33:54 26th October, 2021, passed in CONT.CAS(C) 343/2020, to submit that the action for demolition of the shop of the petitioner, was taken pursuant to the directions of the Court in the said order. The relevant portion of order dated 26th October, 2021, reads as under: “xxx xxx xxx 1. The court's attention is drawn to the non-removal of a construction in the middle of the road maintained by Public Works Department ('PWD'), GNCTD, as shown at Annexure P- 38, as well as other electricity installations in the right of way. Photographs of the same are reproduced hereunder: xxx xxx xxx 10.The lear