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HIGH COURT OF DELHI
Date of Decision: 29.10.2025
KISHAN KUMAR .....Petitioner
Through: Mr. Manu Sishodia, Adv. (Through VC)
Through: Mr. Arjun Mahajan, SC
Ms. Ritika Babbar and Mr. Rajesh Babbar, Advs.
JUDGMENT
1. The present writ petition has been filed seeking direction to the respondent no. 1-Municipal Corporation of Delhi (“MCD”) to take action against the unauthorized construction in property bearing No. 7/97 (New) 7/9 (Old), Circular Road, Shahdara, Delhi-110032.
2. It is the contention of the petitioner that respondent nos. 2 to 4 have taken a Sanctioned Building Plan from the MCD on misrepresentation.
3. A Status Report dated 27th October, 2025 has been filed on behalf of the MCD, relevant portions of which, read as under:
4. Perusal of the aforesaid Status Report shows that a Show Cause Notice has already been issued by the MCD to respondent nos. 2 to 4. This Court notes the submission made by learned counsel appearing for respondent nos. 2 to 4, that reply on their behalf has already been filed to the said Show Cause Notice and that the proceedings pursuant to the said Show Cause Notice, are still pending before the MCD.
5. This Court further takes note of the fact that an appeal has already been filed by the petitioner before the Appellate Tribunal, MCD (“ATMCD”) against the sanction of the Building Plan under Saral Scheme, which is now next listed before the ATMCD on 06th February, 2026.
6. Accordingly, it is directed that any action which is required to be taken by the MCD, shall be taken subject to the outcome of the proceedings in the Show Cause Notice issued by the MCD and the appeal pending before the ATMCD filed by the petitioner herein, i.e., Appeal No. 622/2025, titled as “Kishan Kumar Versus MCD & Ors.”.
7. Needless to state no unauthorized construction shall be carried out by respondent nos. 2 to 4, in the meanwhile.
8. With the aforesaid directions, the present writ petition, along with the pending application, is accordingly, disposed of. MINI PUSHKARNA, J OCTOBER 29, 2025