Mohd Shabbir v. S.K Singh & Ors.

1. Vide order dated 13.01.2026, this Court has ordered as under:

2. Pursuant to the aforesaid directions, a status report has been filed on behalf of the MCD, inter alia, stating as under:- “4. That pursuant to the aforesaid directions of this Hon'ble Court, so as to ascertain the present status of the subject property i.e. bearing No. 318- A/4, measuring 431 Sq. Yards, comprised in Khasra No.740/496, situated in the Abadi of Lal Dora (19081909), Village Chirag Delhi, New Delhi, the same has been again got inspected through area field staff of Building Department-I of South Zone MCD and also referred to the record maintained and available with the department. On inspection and referring to the record, the status in respect of the subject as ascertained is here as under: i) As per record, the subject property has been identified as property NO. 318, Chirag Delhi, New Delhi, which stands booked for unauthorized construction vide file No.152/UC/B-I/SZ/2023 dated 25/08/2023 in the shape of Ground floor and raising columns of First floor, booked vide file No. 171/UC/BI/SZ/2023 dated 09/10/2023 in the shape Second floor and Third floor (in continuation of previous booking file No. 152/UC/B- I/SZ/2023 dated 25/08/2023) and further booked vide U/c file NO. 23/UC/B-I/SZ/2024 dated 07/02/2024 in the shape of Fourth floor (in continuation of earlier booking No. 171/UC/B-I/SZ/2023 dated 09/10/2023), for taking the necessary demolition action U/S 343/344 of DMC Act. Upon following due process of law, the necessary demolition orders also stands passed by the Competent Authority i.e. the AE (Bldg) I of South Zone vide dated 06/09/2023, 25/10/2023 and 16/02/2024 respectively. ii) Furthermore, letters dated 31/08/2023, 23/10/2023 and 13/03/2024 u/s 344 (2) of the DMC Act, have also been sent to SHO, PS. Malviya Nagar, New Delhi with the request that the unauthorized construction in respect of the subject property be stopped immediately and workmen present at site / property be removed and construction material including the tools, machinery, etc. be seized. iii) Beside this, letters dated 11/09/2023, 23/10/2023 and 13/03/2024 have also been sent to concerned authorities i.e. BSES and Delhi Jal Board for disconnection of their electricity and water supply from the subject property. iv) Similarly, letters dated 04/09/2023, 23/10/2023 and 13/03/2024 have also been sent to Sub-Registrar with the request not to register the subject property under the Indian Registration Act, 1908. v) Apart from this, Prosecution action u/s 466-A of DMC Act, 1957 has also been initiated against the subject property and a complaint dated 20/08/2024 has also been sent to concerned, SHO PS Malviya Nagar, New Delhi. vi) Furthermore, it is also point out here that the sealing proceedings u/s 345-A of DMC Act, 1957 have also been initiated and after following due process of law, the necessary sealing orders have also been passed by the Competent Authority i.e, the then Deputy Commissioner of South Zone - MCD vide 26/10/2023 and 08/05/2024.. vii)Hence, in light of above, the entire construction as carried out in respect of the subject property is unauthorized and already stands booked for taking necessary actions under the relevant provisions of DMC Act-

1957.

5. That further on referring to the record, it has also been observed that pursuant to the aforesaid demolition / sealing orders already passed in respect of the subject property, the Building Department-I of South Zone - MCD has also tried / taken / carried out the following necessary demolition / sealing action till time:

6. That after taking the aforementioned demolition / sealing action, letters dated 05/12/2023, 13/12/2023, 04/01/2024, 25/01/2024, 12/03/2024, 02/05/2024, 01/08/2024, 12/03/2025, 29/09/2025, 21/01/2026 and 29/01/2026 have also been sent to SHO concerned PS Malviya Nagar, New Delhi with the request to direct the area patrolling staff to keep strict watch and ward over the subject property so that demolished portion may not be restored / repaired and the seals affixed by the department may not be tampered with.

7. That now the department has fixed the further demolition / sealing action programme in respect of the subject property for 11/02/2026 which will be taken / carried out, upon availability of police force.”

3. Mr. Kapil Dutta, learned counsel appearing for the MCD, submits and undertakes, on instructions, that it shall be ensured that no unauthorized construction shall be allowed to subsist in respect of the property in question.

4. It is assured and undertaken that the requisite demolition action shall be taken to ensure that all unauthorized construction on the property is demolished. He further assures that the property shall be inspected at regular intervals to ensure the same and to also ensure that the premises are not misused.

5. He submits that the next round of demolition action (for demolishing the remaining unauthorized construction) is now scheduled for 11.02.2026. Let the said action be carried out and taken to its logical conclusion.

6. The concerned SHO is directed to cooperate with the MCD in this regard.

7. There is another aspect of the matter vide orders dated 03.11.2023 and 19.12.2023 passed in CONT.CAS(C) 1614/2023, this Court took note of the allegations on the part of the respondent no.4 (the owner of the concerned property), to the effect that the petitioner is an extortionist and that the writ petition bearing WP(C)12350/2023 [in which the order dated 20.09.2023 came to be passed by this Court, which is the subject matter of CONT.CAS(C) 1614/2023] was filed in pursuance of the mala fide intention of the petitioner to extort money from the said respondent.