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High Court of DelhiW.P.(C)/1945/2026

Yogesh Kumar v. Govt Of NCT Of Delhi & ORS.

2026-02-11Hon'Ble Mr. Justice Tejas Karia2 pages

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1945/2026 YOGESH KUMAR .....Petitioner Through:

Mr.Hemant Choudhary with Ms.Sheetal Sharma, Ms.Soumeya Aneja, Advs.

versus GOVT OF NCT OF DELHI & ORS.

.....Respondent Through:

Mr.Sameer Vashisht, S.C. for R-1.

Mr.Anuj Chaturvedi with Ms.Richa Dhawan, Ms.Yashita Jain, Advs for DUSIB.

Mr.Mukesh Gupta, S.C.

with Mr.Vanaj Vidyan, Ms.Sneha Roy, Ms.Gurleen Kaur Sran, Advs for MCD.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 11.02.2026 1.

Heard the learned counsel for the parties.

2.

This public interest litigation petition seeks indulgence of this Court in respect of alleged encroachment at property no.5002, Chaman Ganj, Roshanara Road, Delhi as per the prayer clause. The said property is said to be situated contiguous to properties no.5001 and 5003. 3.

Learned counsel representing the MCD has placed before us sanction of a building plan for property nos.5000, 5001 and 5042, Mohalla Chaman Ganj, Roshanara Road, Delhi and has submitted that as per law, constructions in terms of the said sanctioned plan can be permitted. 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 13/02/2026 at 11:22:28

4.

The said sanctioned letter dated 15.07.2022 is taken on record. 5.

We thus direct that so far as constructions are concerned, the MCD shall ensure that constructions to take place in accordance with the aforesaid plan.

6.

Learned counsel for the DUSIB has stated that the Board has already written a letter to the MCD about the encroachment at property no.5002 Chaman Ganj, Roshanara Road, Delhi. If that be so, the said letter shall be duly attended and appropriate action as may be warranted under law shall also be taken by the MCD with expedition.

7.

With the aforesaid observation and directions, the petition stands disposed of.

DEVENDRA KUMAR UPADHYAYA, CJ TEJAS KARIA, J FEBRUARY 11, 2026 S.Rawat 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 13/02/2026 at 11:22:28