Vijay Kumar Kholia v. Mcd & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2758/2026 VIJAY KUMAR KHOLIA .....Petitioner Through:

Mr. Saral Sharma and Ms. Shivani Gupta, Advocates.

versus MCD & ORS.

.....Respondents Through:

Ms.

Mehrunisa Anand Jaitley, Advocate for R-1 and R-2.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 27.02.2026 1.

The present writ petition has been filed seeking a direction to the respondent-MCD to enforce the statutory notices dated 22nd May, 2023 and 6th June, 2023 issued against Flat Nos.50 and 51 at Pocket-E, SFS Flats, Mayur Vihar Phase-II, Delhi, which are in occupation of respondents no.3 and 4.

2.

The petitioner has filed complaints with the respondent-MCD and has also placed on record photographs highlighting the unauthorized construction.

3.

Ms. Mehrunisa Anand Jaitley, counsel appearing on behalf of respondent-MCD has handed over a status report in Court and the same is taken on record. In terms of the status report, the demolition action could not be executed on account of non-availability of police force and shortage of W.P.(C) 2758/2026 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 09/03/2026 at 11:54:00

time. The status report further states that a partial demolition action took place on 18th September, 2023, however, subsequent demolition action could not be carried out due to non-availability of police force or implementation of GRAP IV. It is further stated that the demolition action is now scheduled for 9th March, 2026.

4.

The status report also mentions that even the petitioner has carried out unauthorised construction in the shape of a tin shed at the roof of Flat No.52. 5.

In view of the aforesaid status report, the present writ petition is disposed of while directing respondent/MCD to carry out action against the unauthorised construction as scheduled on 9th March, 2026, including the petitioner's property. The concerned SHO shall provide sufficient police force to MCD to carry out the aforesaid action. 6.

All rights, contentions and legal remedies of the parties are kept open. AMIT BANSAL, J FEBRUARY 27, 2026 Vivek/- W.P.(C) 2758/2026 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 09/03/2026 at 11:54:00