VIJAY KUMAR AGGARWAL vs THE COMMISSIONER, MUNICIPAL CORPORATION OF DELHI & ORS.

Judgment text excerpt

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22nd September.2025 + W.P.(C) 6454/2025 VIJAY KUMAR AGGARWAL .....Petitioner Through: Mr. Pawas Agarwal, Advocate M: 8447810160 versus THE COMMISSIONER, MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Tushar Sannu, SC for MCD with Mr. Pravin Bansal, Advocate and Mr. Vishal Ji, Advocate Mob: 9911991166 Mr. Pramod Gupta, Advocate for R-2 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (Oral) 1. The present writ petition has been filed seeking directions to the respondent no. 1 to take action against the illegal construction in the front set back, i.e., shops on the ground floor, and the rear set back of the property bearing no. G-21/5, Rajouri Garden, New Delhi-110027, raised by respondent nos. 2 and 3. 2. This Court notes that a Status Report dated 26th August, 2025, has been filed on behalf of the Municipal Corporation of Delhi (“MCD”), wherein, it is stated as follows: Signature Not Verified Digitally Signed Page 1 of 8 By:HARIOM SHARMA Signing Date:25.09.2025 09:12:38 “xxx xxx xxx Signature Not Verified Digitally Signed Page 2 of 8 By:HARIOM SHARMA Signing Date:25.09.2025 09:12:38 Signature Not Verified Digitally Signed Page 3 of 8 By:HARIOM SHARMA Signing Date:25.09.2025 09:12:38 ” 3. Perusal of the aforesaid Status Report shows that the property in question has been sealed on 03rd June, 2025. It further shows that respondent no. 2, i.e., Naveen Talwar, has filed an appeal before the Appellate Tribunal MCD (“ATMCD”). 4. At this stage, learned counsel appearing for respondent no. 2 submits that the said appeal filed before the ATMCD has already been withdrawn, on the assurance of the MCD that the property in question shall be de- sealed, in order to allow the respondent