Rajesh Kumar v. Municipal Corporation Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 791/2026 & CM APPL. 3921/2026 RAJESH KUMAR .....Petitioner Through:

Mr. Udit Kr. Thakur & Ms. Monika, Advocates.

versus MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through:

Mr. Abhinav Singh, Advocate for S.C, MCD.

SI Akash Kumar, Ps Bhajanpura.

Ms. Namrata Mukin, Advocate for R3.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 20.03.2026 1.

The present writ petition has been filed seeking a direction to the respondent no.1/MCD to stop the illegal and unauthorised construction being carried out by the respondent no.5 at property bearing no. B - 272/28B, Block-B, Gali No. 4, Ambedkar Dharamshala Wali Gali, Subhash Vihar, North Ghonda, Delhi -110053 ('subject property'). 2.

The petitioner is residing at House No. B-272/25, B-Block, Street No. 4, Subhash Mohalla, North Ghonda, Delhi - 110053, situated opposite to the subject property.

3.

It is the petitioner's case that the said unauthorised construction is being undertaken without any sanctioned building plan or permission from the respondent no.1/MCD. It is further stated that the said illegal W.P.(C) 791/2026 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 25/03/2026 at 13:29:59

construction is being carried out without any safety nets, barricades, scaffolding or protective covers.

4.

Status report has been handed over in the Court on behalf of the respondent no.1/MCD wherein it is stated that a show cause notice dated 27th January, 2026 under Section 343 & 344 of the Delhi Municipal Corporation Act, 1957 was sent to the respondent no. 5. 4.1. Since the same could not be served, it was pasted on the site on 11th February, 2026.

5.

Since no reply to show cause notice was issued by the private respondent and demolition order had been passed on 14th March, 2026, the same was once again pasted at the site on 19th March, 2026. 6.

Status report has also been filed on behalf of the respondent no. 2/Delhi Police, wherein it is stated that Delhi Police visited the site on 3rd February, 2026 and had stopped the unauthorised construction and seized the articles that were lying at the site.

7.

Both the aforesaid status reports are taken on record. 8.

In view, thereof, the present writ petition is disposed of, while directing the respondents to take action in accordance with law, in an expeditious manner.

9.

Liberty is given to the petitioner to approach this Court in the event the grievance of the petitioner is not resolved. 10.

Needless to state, all rights, contentions and legal remedies of the owner/occupier are kept open.

AMIT BANSAL, J MARCH 20, 2026/da W.P.(C) 791/2026 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 25/03/2026 at 13:29:59