Delhi High Court - Orders
Anil Kumar Goyal vs Municipal Corporation Of Delhi And Anr on 11 September, 2025
Author: Amit Sharma
Bench: Amit Sharma
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 693/2025
ANIL KUMAR GOYAL .....Petitioner
Through: Mr. Rachit Gupta, Mr. Vinit Tyagi,
Advocates.
versus
MUNICIPAL CORPORATION OF DELHI AND ANR
.....Respondents
Through: Mr. Rakesh Malhotra and Mr. Bharat
Malhotra, Advocates MCD.
Mr. Rishabh Sahu SPC with Mr.
Sameer Sharma, Mr. Vikash Chauhan
Advocates for Respondent No.2.
SI Dharmendra, P.S. Hauz Qazi.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 11.09.2025
1. This hearing has been done through hybrid mode.
2. The present petition under Sections 2(b)/10/12 of the Contempt of Courts Act, seeks the following prayers: -
"1. Issue civil contempt proceedings and punish the Respondent no. 1 / MCD for willful disobedience of the order and undertaking dated 03/02/2025 given in W. P. (C) No. 1357 of 2025. titled as "Anil Kumar Goyal vs. MCD"with the simple imprisonment which may extend to 6 months and fine for not stopping the construction work after 03/02/25 and not demolishing the unauthorized construction;
2. Issue civil contempt proceedings and punish the contemnor no.2 / SHOPS Hauz Qazi for willful disobedience of the order dated 03/02/2025 passed in W. P. (C) No. 1357 of 2025, titled as "Anil 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 15/09/2025 at 22:16:51 Kumar Goyal vs. MCD" with the simple imprisonment which may extend to 6 months and fine for not stopping the construction work and not providing police assistance to R.l in demolishing the unauthorized construction;
3. Any other appropriate directions may be issued in favor of the petitioners and against contemnors which may deem fit and equitable in the present conditions.
3. Vide order dated 03.02.2025 passed in W.P.(C) 1357/2025, the following directions were passed by Coordinate Bench of this Court: -
"5. In view of the stand of the MCD and the documents handed over in Court, at this stage, no further order is required to be passed. Assurance of MCD that necessary action will be taken as per law is taken on record. Needless to state any further action will be compliant with applicable statutory provisions and in light of the judgment of the Supreme Court in In Re: Directions in the matter of demolition of structures, 2024 see OnLine SC 3291.
6. Considering that the Petitioner is a senior citizen and damage is being caused to his property apart from there being a possibility of an injury due to the falling bricks, concerned officials of MCD and the SHO will ensure that work is stopped by the owner/occupier of the subject premises till further action by MCD as per law."
4. In response to the present petition, a status report dated 21.05.2025 has been placed on record by MCD/Respondent No.1, wherein it has been recorded as under: -
"4. That it is respectfully submitted that the property bearing no.1882(part), Gali Takhat Wali, Bazar Sita Ram, Delhi- 110006 was inspected by the officials of the field staff of MCD on 26.12.2024 and during inspection, it was noticed that the property is constructed basement, ground floor, first floor, second floor, third floor and fourth floor. Out of said, basement, ground floor, first floor, second floor and third floor was found to be old and occupied. Further the unauthorized construction in the shape of 02 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 15/09/2025 at 22:16:51 rooms at part fourth floor was noticed which was raised without any permission. As such the same was booked under section 344(1) and 343 of the DMC Act vide file no. 259/B/UC/77/(B)-II/CSPZ dated 26.12.2024. A show cause notice dated 26.12.2024 was issued to the Owner/Builder to show cause as to why demolition order be not passed in respect of aforesaid unauthorized construction. It is further submitted that a work stop notice dated 27.12.2024 was issued to the SHO concerned to stop the unauthorized construction in the property in question. It is further pertinent to mention herein that during the inspection no such alleged fifth and sixth floor found existing at the site. A copy of work stop notice dated 27.12.2024 is annexed herewith as Annexure-A.
5. It is submitted that after following due process of law demolition order dated 07.01.2025 was passed thereby directing to the owner/builder to demolish the booked unauthorized construction within 06 days. A copy of demolition order dated 07.01.2025 is annexed herewith as Annexure-B.
6. That it is submitted that imposition of Model Code of Conduct for assembly elections has restricted the actions on the part of answering respondent. Further it is submitted that on 13.02.2025 a vacation notice was also issued in respect of the unauthorized construction of 02 rooms at part fourth floor directing thereby the owner/builder to vacate the premises within 24 hours failing which demolition/sealing action shall be carried out at their risk and cost. Thereafter, in execution of demolition order dated 07.01.2025 action was planned on 24.02.2025 wherein 02 RCC panels at the roof of fourth floor were demolished and made uninhabitable. Further, a watch and ward letter dated 25.02.2025 was also issued to the SHO P.S. Hauz Qazi to keep strict watch and ward over the demolished portion so that further construction could not take place. A copy of vacation notice dated Photographs showing demolition action taken on 24.02.2025 and copy of watch and ward letter dated 25.02.2025 are annexed herewith as Annexure- C, D(Colly) & E respectively.
7. That it is submitted that in continuation of demolition actions further demolition action were planned on 03.04.2025 & 05.05.2025 but the same could not be executed either due to non-
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 15/09/2025 at 22:16:51 availability of police force or shortage of time.
8. That it is submitted that property in question has been inspected on 08.05.2025 wherein it was noticed that the structure is still lying demolished. Photographs showing current status of the property in question are annexed herewith as Annexure-F(Colly). Further action in the matter will be taken in due course of time in accordance with law."
5. In view of the above, the present petition is disposed of with liberty to the petitioner to approach the STF in case of any further grievance in respect of any unauthorised construction.
6. Pending application(s), if any, also stand disposed of accordingly.
AMIT SHARMA, J SEPTEMBER 11, 2025/bsr 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 15/09/2025 at 22:16:51