Ajaz Ahmad vs Ashwani Kumar & Ors.

MINI PUSHKARNA, J. (Oral):

The present petition has been filed against the respondents alleging wilful non-compliance of the order dated 10^th January, 2023, passed by this Court in W.P.(C) 5123/2017.

Vide said order, directions were issued in relation to unauthorised construction carried out by respondent nos. 2 and 3 therein in property measuring 617 square yards situated in Khasra no. 317, Village Jasola, Tehsil Mehrauli, now number N-166, Thokar No. 5, Abul Fazal Enclave, Jamia Nagar, New Delhi-110025.

Learned counsel appearing for the respondent-Municipal Corporation of Delhi (“MCD”) has handed over to this Court a Status Report dated 05^th August, 2026, which is taken on record. In the said Status Report, it is stated as follows:

Perusal of the aforesaid Status Report shows that the owner/occupier of the property in question has already approached the Appellate Tribunal, MCD (“ATMCD”) in Appeal 847/2025. Further, vide order dated 11^th February, 2026, the ATMCD has directed that no coercive action be taken against the property in question.

The order dated 11^th February, 2026, passed by the ATMCD in Appeal 847/2025, reads as under:

Subsequently, the said interim order has been continued by subsequent orders by the ATMCD.

At this stage, this Court also notes the submission made by learned counsel appearing for respondent no. 5, the owner/occupier of the property in question, who has handed over to this Court an order dated 15^th April, 2026, passed by the ATMCD, which reads as under:

By referring to the aforesaid order, it is the submission made by learned counsel appearing for respondent no. 5 that a notification dated 08^th April, 2026 by the Government of India has already been issued, wherein, the process for regularisation on ‘as is where is’ basis has been initiated in respect of properties located in the colonies as provided therein.

Learned counsel appearing for respondent no. 5 submits that respondent no. 5 is also in the process of applying for the same.

Per contra, learned counsel appearing for the petitioner submits that an application for regularisation has already been filed on behalf of respondent no.5, to which the petitioner has raised objection.

Be that as it may, since there are orders passed by the ATMCD, wherein, it has been directed that no coercive action be taken against the property, which is subject matter of the present petition, there is no occasion for this Court to pass any further orders.

Clearly, the MCD is not in a position to take any further action against the property in question at the moment.

Accordingly, no further orders are required to be passed in the present petition.

The present petition, along with the pending application, is accordingly disposed of.