Full Text
HIGH COURT OF DELHI
Date of Decision: 04.05.2026
LALIT KUMAR .....Petitioner
Through: Mr. Rakesh Kumar, Mr. Atul Varma, Advs.
Through: Mr. Nikhil Palli, Adv. Mr. Ravi P. Shukla, Mr. Dhruv Shukla, Ms. Upasna Shukla, Mr. Rachit Sharma, Advs. for R-4.
JUDGMENT
1. The present petition has been filed by the petitioner alleging wilful disobedience/non-compliance with the directions contained in the order dated 05.11.2024 passed in W.P.(C) 13745/2024. The said order reads as under:
8. It is made clear that the pendency of this petition will not come in the way of MCD or the other statutory authorities taking such action as available to them in law in respect of any unauthorised construction, or to the remedies available to respondent No. 5 or any owners/occupants of the property against such proposed action.
9. Petitioner is directed to remain personally present in the Court on the next date of hearing.
10. List on 05.11.2024.”
2. Pursuant to this order, the petitioner has filed an affidavit dated 08.10.2024, in which it is stated that he works as a driver and lives in H.No. C-567, Block-C, Camp Society, Taj Pur, PO Taj Pur, Distt. South, Delhi-110044 as a tenant of one Mr. Surender Kumar. Mr. Surender Kumar is the brother of Mr. Sudhir Bidhuri, who had filed a Public Interest Litigation [W.P.(C) 6721/2024] in respect of the same construction. However, the petitioner herein has denied any familiarity with Mr. Sudhir Bidhuri or knowledge of the prior litigation instituted by him.
3. As far as the substantive issue raised by the petitioner is concerned, Mr. Nikhil Palli, learned counsel for the Municipal Corporation of Delhi [“MCD”] states that, as recorded in the aforesaid order, sealing orders dated 03.07.2023 and 20.08.2023 have already been passed in respect of the unauthorised construction on the subject property and a vacation notice has been issued on 06.10.2023. In the meanwhile, he submits that respondent No. 5 has made an application for regularisation of the construction which is under consideration by the MCD, and necessary orders will be passed within a period of four weeks from today. He states that, if the regularisation application is rejected, the MCD will take consequential steps in respect of the unauthorised construction within a period of eight weeks thereafter, subject to availability of police force.
4. In view of the above submissions on behalf of the MCD, no further orders are required in this writ petition, which stands disposed of.
5. It is made clear that the aforesaid submissions are recorded without prejudice to the rights and contentions of any owners/occupants of the subject property, including respondent No. 5, whose rights and remedies, available in law, are expressly reserved. MCD is directed to take action strictly in accordance with law, and after complying with all statutory requirements.
6. The petition, alongwith the pending applications, is disposed of with the aforesaid observations.”
2. Vide order dated 24.03.2025, this Court noted that on 10.03.2025, an interim order came to be passed by the Appellate Tribunal, MCD (ATMCD), interdicting further demolition action. The said order also records a statement on behalf of the MCD that the MCD is seeking modification of the said order.
3. It has transpired, however, that the said interim order still continues to operate.
4. Learned counsel for the petitioner submits that the MCD is in complicity with the owner/occupier of the property and is deliberately refraining from taking the requisite demolition action to frustrate the orders passed by this Court. The same is, however, refuted by the learned counsel for the respondent/MCD.
5. Considering the circumstances, and with the consent of the parties, the following directions are issued:
(i) The ATMCD shall bestow urgent consideration on the matter and make an endeavour to dispose of the proceedings pending before it, as expeditiously as possible, preferably within a period of six months from today. Since the petitioner has filed an intervention application, the ATMCD shall also give an opportunity of hearing to the petitioner and take an appropriate view in the matter.
(ii) MCD shall pursue the proceedings before the ATMCD with diligence and shall assist in the expeditious disposal thereof.
(iii) If any action is warranted pursuant to the final order that may be passed by the ATMCD, the same shall be taken expeditiously by the MCD.
(iv) The parties shall jointly request the ATMCD to expedite the disposal of the pending proceedings.
6. The present petition stands disposed of in the above terms.
SACHIN DATTA, J MAY 4, 2026/at/sl