Mahfuz & ORS. v. Municipal Corporation Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2145/2026 & CM APPL. 10459-10460/2026 MAHFUZ & ORS.

.....Petitioners Through:

Mr. Dushyant Bhargava, Mr. Vikram Singh Nayal, Mr. Anant Mishra and Mr. Nitish Gaur, Advocates.

versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:

Mr. Rakesh Malhotra, Mr. Bharat Malhotra and Ms. Smritika Kesri, Advocates.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 16.02.2026 1.

The present writ petition has been filed seeking setting aside of the speaking demolition order dated 23rd January, 2026 passed by the respondent/ MCD.

2.

The grievance of the petitioners is that a regularization application has been filed online on the portal of the MCD. However, the same is not being reflected on the portal. A complaint in this regard has been made on 24th December, 2025 (Annexure P-9 to the petition). 3.

Accordingly, it is submitted that the regularization application could not be considered while passing the demolition order. 4.

Counsel for the petitioners submits that the petitioners are willing to demolish all unauthorized construction as pointed out by the respondent/ W.P.(C) 2145/2026 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 19/02/2026 at 13:12:42

MCD if it does not come within the ambit of regularization or compounding. 5.

In view thereof, the present writ petition is disposed of with the following directions:

i.

The petitioners shall file a fresh regularization application at the portal of the respondent/ MCD within two (2) weeks from today. ii.

The same shall be duly considered by the respondent/ MCD in order to determine portions of the unauthorized construction that can be regularized.

iii.

Based on the above, the respondent/ MCD shall communicate to the petitioner the portions of the unauthorized construction that can be regularized and/ or the portions that may be compounded. iv.

Within fifteen (15) days of such communication, the petitioners shall take steps to remove the unauthorized construction which cannot be regularized or compounded.

v.

In the event the same is not removed within four (4) weeks from today, the respondent/ MCD shall be free to initiate action in accordance with law.

6.

All pending applications stand disposed of.

AMIT BANSAL, J FEBRUARY 16, 2026 Rzu W.P.(C) 2145/2026 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 19/02/2026 at 13:12:42