IN THE HIGH COURT OF DELHI AT NEW DELHI
2025:DHC:6933
W.P.(C) 12079/2025, CM APPL. 49348/2025 & CM APPL. 49349/2025
AALIM .....Petitioner
versus
MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents
Through: None.
Through: Mr. Bharat Malhotra, Adv. for R-1 and 2
Mob: 8447151507
Email: bharatmal2@gmail.com
Ms. Himanshi Soni, Adv. for R-3 and 4 (Through VC)
Mr. Prabhsahay Kaur, SC for R-5/DDA with Mr. Bir Inder Singh Gurm, Advs.
Mob: 9711778471
Email: sahayk@gmail.com
Mr. Rajesh Kumar Singh, Ms. Priyanka Singh, Mr. Rohish Arora and Mr. Amit Bidhuri, Advs. for R-6, 7 & 8, along with R-6 & 8 in person.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
Date of Decision: 12th August, 2025
MINI PUSHKARNA, J. (ORAL):
1. The present writ petition has been filed seeking directions to the respondent nos. 1 to 5 to stop and demolish the illegal and unauthorized construction raised by respondent nos. 6 to 8, at property bearing No. S-/A14, admeasuring 91 sq. yrds.(approximately), located at Khasra No. 519/258, Joga Bai Extension, Jamia Nagar, Okhla, New Delhi-110025.
2. Learned counsel appearing on behalf of respondent nos. 6 to 8, the private respondents in the present case, i.e., the owner/occupier of the property in question, submits that three petitions have been received by the respondent nos. 6 to 8 with respect to the same property. It is submitted that earlier as well, writ petitions being, “Fatima Bi Versus Municipal Corporation of Delhi & Ors.” and “Afsana Versus Municipal Corporation of Delhi & Ors.” were filed with respect to the same property.
3. Learned counsel appearing for respondent nos. 6 to 8 has handed over copy of the said writ petitions pertaining to the same property number as in the present case, which are taken on record.
4. It is submitted that the earlier two writ petitions, though served upon the respondents, were never pursued to have them listed before the Court. This is the third petition with respect to the same property. Thus, it is submitted that various persons are acting as a group of extortionists, in order to extort money from the persons carrying on construction.
5. It is further submitted that in the Memo of Parties in the present case, the residence of the petitioner is shown as follows:
Aalim S/o Munavvar, R/o 1, Village Kaneta, Ujhari, Amroha, Uttar Pradesh-244242, Mobile No. 9748376742
6. Clearly, the petitioner is not a resident of Delhi and is not concerned either with the construction in question, or has any concern with the locality, as he is staying in Amroha, Uttar Pradesh.
7. Learned counsels appearing for the various respondents, further point out that the affidavit signed by the petitioner does not reflect, in any manner, that the petitioner was in Delhi at the time of signing or deposing of the affidavit, as the address simply states the petitioner as being a resident of Amroha, Uttar Pradesh.
8. Learned counsel appearing for the respondent-Municipal Corporation of Delhi (“MCD”) submits that as regards the unauthorized construction in the property in question, a Show Cause Notice was issued on 20th May, 2025, followed by a Demolition Order passed on 13th June, 2025. He further submits that pursuant thereto, part demolition action has already been under taken on 10th July, 2025 and further action is fixed for 04th September, 2025.
9. Learned counsel appearing for the Special Task Force (“STF”), submits that the action taken by the MCD, has already been uploaded on the website of the STF. She further submits, that there have been many cases before this Court, wherein, petitions have been filed by persons, who neither stay in the locality, nor have any concern with the property, they seek relief against.
10. She submits that this is clearly a way of extorting money from the concerned persons and blackmailing them.
11. None appears for the petitioner when the matter is called out, despite the fact that the present matter had been heard for some time before passing of the order.
12. This Court also takes note of the submissions made by learned counsel appearing for respondent nos. 6 to 8 that the petitioner has filed certain notarized documents being shown as general power of attorney, agreement to sell and purchase, affidavit, Will, etc., in order to allege that the petitioner has some vested right in the property in question.
13. The submissions made before this Court clearly show that various petitions are filed by persons, who have no concern with the property. However, petitions are filed only with a view to extort money from the person carrying out construction. The Court notes the submissions made by learned counsel appearing for respondent nos. 6 to 8 that they have been rece
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.