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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 18639/2025, CM APPL. 81169/2025 & CM APPL.

81170/2025

ATEEB RAZA & ORS. .....Petitioners

Through: Ms. Tanya Agarwal, Mr. Sameer

Mewati, Mr. Krishna Kumar Keshav

and Mr. Ankush Khanna, Advs.

M: 9205868644

Email: Tanya.advocate@gmail.com

versus

MUNICIPAL CORPORATION OF DELHI .....Respondent

Through: Mr. Ashutosh Gupta, ASC (Through

VC)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 22.12.2025

CM APPL. 81169/2025

1. The present application has been filed on behalf of the respondent-

Municipal Corporation of Delhi (“MCD”), seeking vacation of the interim

stay granted by this Court vide order dated 08^th December, 2025, wherein,

the respondent has been restrained from taking any coercive action against

the property bearing nos. 3023-3026, Charkhewalan, Ballimaran, Hauz

Qazi, Delhi-110006, for a period of three weeks.

2. It is submitted that vide order dated 08^th December, 2025, this Court

had directed that the petitioners shall not carry out any fresh unauthorized

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 20/01/2026 at 01:32:12

construction in the subject property, and that the petitioners made a

voluntary and unequivocal undertaking before this Court that the petitioners

would maintain a complete status quo with respect to the construction.

However, after the passing of the said order, the petitioners have proceeded

to carry out massive unauthorized construction at the property bearing Nos.

3023-3026, Charkhewalan, Ballimaran, Hauz Qazi, Delhi-110006.

3. Issue notice. Notice is accepted by learned counsel appearing for the

petitioners.

4. Learned counsel appearing for the petitioners draws the attention of

this Court to paragraph 4 of the present application filed on behalf of the

MCD, which reads as under:

“xxxxxxxxx

4. That upon inspection by the field staff of the answering respondent on

10.12.2025, it was found that the petitioners have raised fresh

construction by illegally constructing additional floors, namely the

secondfloor, third floor and fourth floor, which did not existearlier. The

said construction has been carried out surreptitiously and in complete

abuseoftheprotectiongrantedbythisHon'bleCourt.

xxxxxxxxx”

5. She further draws the attention of this Court to Annexure R-4,

attached with the present application, which is a Show Cause Notice dated

08^th December, 2025 issued by the MCD. The said Show Cause Notice is

reproduced as under:

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 20/01/2026 at 01:32:12

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 20/01/2026 at 01:32:12

6. By referring to the aforesaid, she submits that in the present

application, it is the case of the respondent-MCD that third and fourth floors

have been constructed by the petitioners after passing of the order dated 08^th

December, 2025. However, the Show Cause Notice dated 08^th December,

2025, as issued by the MCD itself mentions third and fourth floors having

unauthorized construction on the entire floor.

7. She further submits that the photographs, as attached with the present

application, are of a different property.

8. Accordingly, considering the submissions made before this Court,

Station House Officer (“SHO”), Police Station-Hauz Qazi is directed to file

a Status Report with regard to the averments as recorded in the present

order.

9. Let Report be filed by the SHO, Police Station-Hauz Qazi, within a

period of two weeks, from today.

10. Considering the aforesaid directions, SHO Police Station-Hauz Qazi

is impleaded as respondent no. 2 in the presen