Court mandates investigation of unauthorized construction under municipal regulations, emphasizing procedural adherence in ongoing proceedings.

O R D E R

% 03.09.2025

1. The present writ petition pertains to the prayer of the petitioner seeking directions to respondent no.1 for taking action against the unauthorized construction existing in the property bearing No. 2748, Gali No. 13, Ranjeet Nagar, South Patel Nagar, New Delhi-110008.

2. Further, the petitioner also seeks revocation of the Sanctioned Building Plan.

3. This Court vide order dated 21^st May, 2025, had categorically recorded that as per the property tax records, the area of the property in question, measures approximately 149 sq. yds. However, the Sanctioned Building Plan is for a property measuring 204 sq. yds. Thus, this Court had specifically directed the Municipal Corporation of Delhi (“MCD”) to undertake an exercise with regard to existence of the encroachment in the propertyin question.

4. Learned Senior Counsel appearing for the petitioner submits that despite categorical directions by this Court, no action has been taken by the MCD till date. She further submits that proceedings are also pending before the Appellate Tribunal MCD (“ATMCD”), i.e., in Appeal No. 638/2024, wherein, on account of the pendency of the present writ petition, no orders are being passed.

5. Mr. Sanjeev Sabharwal, learned counsel appearing for the respondent- MCD submits that the proceedings under Section 338 of the Delhi Municipal Corporation Act, 1957 (“DMC Act”), for revocation of the Sanctioned Building Plan, are pending, and the requisite order shall be passed after following the due procedure.

6. Learned Senior Counsel appearing for respondent nos. 6 to 9 submits that a Show Cause Notice under Section 338 of the DMC Act has been issued to the said respondents, and proceedings are pending before the competent authority, which are quasi judicial in nature. He submits that an order thereto shall be passed, after hearing the said respondents.

7. He further submits that anyorder passed in the said proceedings under Section 338 of the DMC Act, would be appealable before the ATMCD. He, thus, submits that on account of the pendency of the said proceedings, the present petition is not maintainable.

8. However, the aforesaid is disputed by learned Senior Counsel appearing for the petitioner, who submits that there are no proceedings pending qua Section 338 of the DMC Act.

9. The MCD is directed to file the latest Status Report within a period of four weeks, from today as regards the status of the Sanctioned Building Plan in favour of respondent nos. 6 to 9.

10. Re-notify on 08^th October, 2025, in the Top Ten Matters in the Advance List.