Shri Hukam Chand and Anr. v. State (NCT of Delhi) and Ors.

Delhi High Court · 06 Nov 2025 · 2025:DHC:9735
Mini Pushkarna
W.P.(C) 2681/2020
2025:DHC:9735
administrative petition_dismissed

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The Delhi High Court dismissed a writ petition alleging unauthorized construction and illegal activity on a property found to have valid municipal and pollution control licenses.

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HIGH COURT OF DELHI
Date of Decision: 06th November, 2025
W.P.(C) 2681/2020 & CM APPL. 9334/2020
SHRI HUKAM CHAND AND ANR. .....Petitioners
Through: Mr. Himanshu and Ms. Surbhi kundu, Advocates
Mob: 9717043953 Email: himanshurathore518@gmail.com
VERSUS
STATE (NCT OF DELHI ) AND ORS. .....Respondents
Through: Ms. Tajinder Virdi, Standing Counsel for Respondent/MCD
Mob: 9818834444/9718834444 Email:tajvirdi@gmail.com, dynastylawfirm@gmail.com
SI Om Prakash, PS M. S. Park Mob: 9828204056
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (ORAL):
JUDGMENT

1. The present writ petition has been filed seeking directions to respondent nos. 2 to 3, to take action against the property bearing NO. 1/2320, Main Maindoli Road, Shahdara, Delhi-110032, on the ground of unauthorized construction and illegal activity.

2. A Status Report dated 21st July, 2025, has been filed on behalf of the Municipal Corporation of Delhi (“MCD”), relevant portions of which, read as under: “xxx xxx xxx xxx xxx xxx”

3. Perusal of the aforesaid Status Report filed on behalf of the MCD clearly shows that there exists no encroachment in the property in question.

4. Further, the said property is being used for trade storage and sale of sweets/namkeens shop, having a Health Trade License, which was valid up to 31st March, 2025. Subsequently, the said Health Trade License for the premises in question, has been renewed and the same is now valid up to 31st March, 2028.

5. An affidavit dated 09th May, 2022 has also been filed on behalf of the Delhi Pollution Control Committee (“DPCC”), relevant portions of which, are reproduced as under: “xxx xxx xxx xxx xxx xxx”

6. Perusal of the aforesaid affidavit filed on behalf of DPCC, clearly shows that the unit in question is having valid consent to operate from the DPCC, which is valid till 25th November, 2025.

7. Thus, it is seen that the business being run from the premises in question is on the basis of a valid Municipal Health Trade License and a valid consent to operate from the DPCC.

8. Accordingly, no orders are required to be passed in the present writ petition.

9. Noting the aforesaid, the present writ petition, along with the pending application, is accordingly disposed of. MINI PUSHKARNA, J NOVEMBER 6, 2025