Madhu Jain v. Municipal Corporation of Delhi

1. The present writ petition has been filed seeking directions to take action against the unauthorized construction raised by respondent no. 2 on the third and fourth floors of the property bearing No. D-15/22-23, Sector-3, Rohini, Delhi.

2. Learned counsel appearing for the petitioner submits that the petitioner is the owner and resident of second floor of the said property in question. It is submitted that unauthorized construction has been carried out by respondent no. 2 on the third and fourth floors of the aforesaid property in question. It is submitted that though the complaint of the petitioner was only with respect to the third and fourth floors of the property in question, the Municipal Corporation of Delhi (“MCD”) has now issued a Show Cause Notice dated 19th November, 2025, thereby booking the whole property in question for unauthorized construction.

3. Learned counsel appearing for the petitioner further submits that no unauthorized construction has been carried out by the petitioner.

4. Learned counsel appearing for the respondent-MCD confirms the fact that Show Cause Notice dated 19th November, 2025, has been issued wherein, the whole property in question has been booked for unauthorized construction.

5. At this stage, learned counsel appearing for the petitioner submits that the present writ petition be treated as reply of the petitioner to the Show Cause Notice dated 19th November, 2025.

6. Accordingly, the concerned officials of the MCD shall consider the present writ petition as a reply of the petitioner to the said Show Cause Notice, and give hearing to the petitioner at the time of considering the reply of the petitioner.

7. Likewise, respondent no. 2 is also granted liberty to file reply to the said Show Cause Notice issued by the MCD.

8. The MCD shall give due hearing to respondent no. 2 as well, at the time of considering the reply of respondent no. 2.

9. Appropriate action shall be taken by the MCD after considering the reply of the parties, and after following the due procedure.

10. The MCD shall consider the replies to the Show Cause Notice expeditiously, preferably, within a period of eight weeks, from today, and dispose of the same.

11. In case, any party is aggrieved by any action on the part of the MCD, their right to seek their remedies in accordance with law, is reserved.

12. Noting the aforesaid, the present writ petition, along with the pending applications, stands disposed of. MINI PUSHKARNA, J NOVEMBER 20, 2025