$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 19^th January, 2026 + W.P.(C) 11652/2024, CM APPL. 48394/2024 & CM APPL.

62993/2024 MUNIZA BEGUM@JAHAN ARA .....Petitioner Through: Mr. Samman Vardhan Gautam, Ms.

Khushi Sharma, Mr. Priyam Tiwari and Ms. Anshika Pryadarshini, Advocates.

versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondent Through: Mr. Tushar Sannu and Ms. Ishika Jain, Advocates for R-1.

Mr. Aurangzeb Khan and Mr. Ahmad Parvez, Advocates for R-2.

Mr. Ayush Gupta, Advocate for R-3.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral)

1. The present writ petition has been filed seeking setting aside of the de-sealing order dated 8^th January, 2024 and the impugned order dated 13^th June, 2024 passed by the respondent no.1/ Municipal Corporation of Delhi (‘MCD’). Further direction is sought against the respondent no.1 to demolish the unauthorized construction of 4^th and 5^th Floor of the property bearing No. 14, Khasra No. 176, Lane No.1, Johri Farm, Jamia Nagar, New Delhi – 110025 (hereinafter the ‘subject property’).

2. It is the case of the petitioner that the unauthorized construction has been carried by the respondents no.2 and 3 of the 4^th and 5^th Floor of the subject property. Petitioner is residing at the ground floor of the subject property since 1998-99. The details of current status of construction as well as the owners/occupiers of the subject property are given in paragraph 4 of the petition.

3. On 21^st October, 2021, the respondent no.1/MCD issued a Show Cause Notice with respect to the unauthorized 4^th floor of the subject property.

4. It is averred that the petitioner lodged a complaint with the respondent no.1/MCD in respect of unauthorized construction undertaken by the respondent no.2/Mr. Naseem Khan.

5. Aggrieved by the non-action of the respondent no.1/MCD, a writ petition being W.P.(C) 12144/2021 was filed by the petitioner raising the issue of unauthorized construction of the 5^th Floor of the property. A counter-affidavit was filed on behalf of the respondent no.2 herein in W.P.(C) 12144/2021, wherein it was admitted that he purchased the 5^th Floor of the subject property ad-measuring 200 sq. ft. from one Mr. Haneef and subsequently, sold the front portion of 5^th Floor ad-measuring 120 sq. ft.

to one Mrs. Anis Fatima/respondent no.3 herein.

6. Vide order dated 27^th January, 2023, the earlier writ petition being W.P.(C) 12144/2021 was disposed of with a direction that the respondent no.1/MCD shall take action in accordance with law within four (4) months from the said date.

7. It is the case of the petitioner that on 21^st June, 2023, the respondent/MCD carried out demolition action in part on the 4^th floor of the subject property. Despite several reminders and requests, the respondent/MCD did not complete the demolition action in terms of order dated 27^th January, 2023 and hence, the petitioner was constrained to make representations before the Office of Lieutenant Governor and Special Task Force, Delhi Development Authority. However, no action was taken by the aforesaid authorities.

8. Subsequently, a Contempt Petition being CONT.CAS(C) 1214/2023 was filed, which was disposed of vide order dated 28^th August, 2023 on the basis of the statement made on behalf of the respondent/MCD that the demolition action has been taken and in the event any further demolition is required, the same shall be undertaken within four (4) weeks. In the aforesaid order, liberty was granted to the petitioner to revive the contempt petition in case she continues to be aggrieved by the non-action.

9. It is the case of the petitioner that despite giving an undertaking before the Court in the Contempt Petition, the respondent no.1/MCD did not take requisite action against the unauthorised construction of the 4^th/5^th Floor of the subject property. Hence, the petitioner filed a revival application before this Court seeking revival of the Contempt Petition, which was dismissed vide order dated 2^nd April, 2024.