IN THE HIGH COURT OF DELHI AT NEW DELHI
JYOTI SINGH
Satinder Pal Singh – Appellant
Versus
Commissioner Mcd Of Delhi – Respondent
ORDER :
C.M. APPL. 13181/2025
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P. (C) 2776/2025
3. This writ petition is preferred on behalf of the Petitioner under Article 226 of the Constitution of India seeking the following reliefs:-
“a) Issue a writ of mandamus or any other appropriate writ directing the respondents no.l to 4 to take stern action against respondent no.5 to stop respondent no.5 from encroaching over the street i.e. projection over municipal land by way of the illegal/unauthorized construction at property bearing no. WZ-195/A, Gali No.4, Virender Nagar, New Delhi-110058 which is totally in derogation and violation with the unified building bye laws;
b) Issue a writ of mandamus or any other appropriate writ directing the respondents no. 1 to 4 to demolish the newly/recently constructed structure at the property bearing no. WZ-195/A, Gali No.4, Virender Nagar, New Delhi-110058 which is totally illegal/unauthorized and has been constructed in total derogation with and against the unified building bye laws and municipal norms;
c) Issue a writ of mandamus or any other appropriate writ directing the respondents no.1 to 4 to immediately initiate
The issuance of a show cause notice by municipal authorities satisfies the need for immediate action against illegal construction under the Delhi Municipal Corporation Act.
The court upheld the MCD's authority to issue demolition notices for illegal constructions, emphasizing compliance with statutory procedures.
Municipal authorities are obligated to enforce statutory injunctions against unauthorized construction, and failure to do so can result in personal liability for responsible officials.
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