Delhi High Court – Orders
Kaushal Kanta vs The State (Nct Of Delhi) & Ors on 9 April, 2025
$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4330/2025 & CM APPL. 21139/2025, CM APPL.
21140/2025, CM APPL. 21190/2025
KAUSHAL KANTA .....Petitioner
Through: Mr. Akhil Kumar, Advocate
(M:8076628321)
versus
THE STATE (NCT OF DELHI) & ORS. .....Respondents
Through: Ms. Sangeeta Bharti, SC-DJB with
Mr. Shreesh Pathak, Advocate for R-5
(M:8368973867)
Ms. Shilpa Dewan, ASC-MCD
(M:9971192772)
Mr. Moksh Arora, Mr. Yash
Srivastava, Advocates for R-6
(M:9999061836)
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 09.04.2025
CM APPL. 21139/2025
1. The present application has been filed on behalf of the petitioner for
directions to the respondent no. 2, not to take action against the petitioner’s
residence, without issuing due notice and without following due process of
law.
2. Learned counsel for the petitioner submits that when the matter was
listed on the last date of hearing, learned counsel for Municipal Corporation
of Delhi (“MCD”) made a statement that petitioner’s own property, i.e.,
property no. 1744, Sohan Ganj, Subzi Mandi, Delhi-110007, had also been
W.P.(C) 4330/2025 Page 1 of 4
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booked for demolition.
3. However, it is the contention of learned counsel for the petitioner that
no Show Cause Notice, Demolition Order or prior intimation has ever been
served upon the petitioner till date, in respect of any unauthorized
construction in his property.
4. Learned counsel has further handed over a copy of the Vacation
Notice dated 07th April, 2025, issued by the office of Executive Engineer
(Building)-I, Civil Lines Zone, MCD, wherein, it is stated that there is
unauthorized construction in the ground floor and the first floor of the
property of the petitioner, with construction on Government Land at each
floor.
5. The said Vacation Notice further states that booking for unauthorized
construction was done vide order dated 09th May, 2018.
6. By referring to the aforesaid, learned counsel for the petitioner
submits that it is for the first time that the Vacation Notice has been received
by the petitioner and no other documents have been received thereto.
7. Accordingly, it is directed that all the requisite documents, including,
Show Cause Notices and other documents, be duly provided to the petitioner
forthwith.
8. Further, the petitioner shall be allowed to file reply to the Show Cause
Notice before the MCD. Before passing any order or taking any action
against the petitioner, the petitioner shall be duly heard and thereafter, a
speaking order shall be passed.
9. In case the petitioner is aggrieved by any order that may be passed by
the MCD, the petitioner is at liberty to challenge the same before the
Statutory Authority in terms of the provisions, as given in the Delhi
W.P.(C) 4330/2025 Page 2 of 4
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Municipal Corporation Act, 1957.
10. It is directed that during the pendency of the hearing before the MCD,
no coercive steps shall be taken against the petitioner.
11. It is further directed that after the passing of the speaking order by the
MCD, the protection as granted by this Court, shall extend to the petitioner,
for a further period of four weeks during which time, the petitioner shall
have the liberty to challenge the order passed by the MCD, if the petitioner
is so aggrieved.
12. It is clarified that in case the petitioner does not challenge the order
passed by the MCD, within the time granted by this Court, the MCD shall be
at liberty to take action, in accordance with law.
13. With the aforesaid directions, the present application is disposed of.
CM APPL. 21140/2025
14. The present application has been filed for modification/correction of
the order dated 04th April, 2025, to correct the typographical error in
property address. It is submitted that the present petition has been filed for
taking action against the unauthorized and illegal construction carried out at
property no. 1794, Sohan Ganj, Subzi Mandi, Delhi-110007, carried out by
respondent no. 3.
15. It is submitted that the order dated 04th April, 2025, mistakenly
records the property no. as ‘1744’ instead of ‘1794’.
16. Accordingly, it is directed that the order dated 04th April, 2025, shall read
the property address, where action has to be taken, as follows:
“1794, Sohan Ganj, Subzi Mandi, Delhi-110007”
17. With the aforesaid clarification, the present application is disposed of.
W.P.(C) 4330/2025 Page 3 of 4
This is a digitally signed order.
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CM APPL. 21190/2025
18. The present application has been filed on behalf of the petitioner
under Order VI Rule 17, read with Section 151 of Code of Civil Procedure,
1908 (“CPC“), for amendment of the writ petition to correct the
typographical error in the property number.
19. Learned counsel for the petitioner submits that in the heading of the
writ petition, incorrect property number has been stated. He submits that
correct address where action is to be taken is property no. “1794, Sohan
Ganj, Subzi Mandi, Delhi – 110007”.
20. Accordingly, petitioner is permitted to amend the title of the writ
petition to reflect correct property no. as follows:
“1794, Sohan Ganj, Subzi Mandi, Delhi-110007”
21. The amended writ petition, as filed on behalf of the petitioner, is taken
on record.
22. With the aforesaid directions, the present application is allowed and is
disposed of.
MINI PUSHKARNA, J
APRIL 9, 2025
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W.P.(C) 4330/2025 Page 4 of 4
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 14/04/2025 at 21:46:45