$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18518/2025 & CM APPL. 76821/2025 GAURAV AHLAWAT .....Petitioner Through: Mr. Samman Vardhan Gautam, Adv.

versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Kameshwar Nath Mishra, SPC with Mr. Shubhashish Roy and Ms.

Vidya Mishra, Adv. for R-3 Ms. Mansi Gupta, Adv. for R-1 (Through VC)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 05.12.2025

1. The present writ petition has been filed seeking directions to the Municipal Corporation of Delhi (“MCD”), to take requisite action against the unauthorized construction existing in property bearing No. 4153-4174, Sadar Bazar, New Delhi-110006, pursuant to the Show Cause Notice dated

29th September, 2025.

2. Learned counsel appearing for the petitioner submits that earlier, vide an order dated 08th October 2025, passed in W.P.(C) 15375/2025, titled as “Gaurav Ahlawat Versus Municipal Corporation of Delhi & Ors.”, this Court had noted that personal hearing was being granted to the owner/occupier of the property in question by the MCD.

3. However, it is submitted that till date, no speaking order has been passed by the MCD. Rather, the unauthorized construction has been allowed to be completed.

4. Attention of this Court is drawn to the photographs of the construction in the property, as existing at the time of filing of the earlier writ petition being W.P.(C) 15375/2025, which are reproduced as under:

5. Attention of this Court has further been drawn to a recent photograph of the property in question, which is reproduced as under:

6. Thus, it is brought forth before this Court that despite booking of the property for unauthorized construction, the construction continued and has been completed.

7. Issue notice. Notice is accepted by learned counsel appearing for respondent nos. 1 to 3.

8. Issue notice to respondent no.4, by all modes, upon filing of Process Fee.

9. The present is a serious matter, as once a property already stands booked for unauthorized construction, and even though the MCD may be granting hearing to the owner/occupier of the concerned property in consonance with the Principles of Natural Justice, unauthorized construction cannot be allowed to be continued during the pendency of such hearing.

10. Accordingly, an explanation shall be given on behalf of the MCD as to how the property in question was allowed to be constructed and completed in its entirety, despite the fact that the MCD was seized of the matter and was granting hearing to the owner/occupier of the property in question.

11. Similarly, the Station House Officer (“SHO”), Police Station-Karol Bagh, shall also place before this Court an explanation as to why and in what manner, and circumstance, the unauthorized construction was not stopped, once the same had already been booked by the MCD.

12. Let the explanation, along with the Action Taken Report, be filed by the MCD and the SHO, Police Station-Karol Bagh, within a period of four weeks.

13. Re-notify on 23^rd February, 2026.

MINI PUSHKARNA, J DECEMBER 5, 2025/KR