Namo Rathor v. Sanjeev Khirwar & ORS.
$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 431/2026 NAMO RATHOR .....Petitioner Through:
Mr. Hemant Choudhary, Ms. Pooja Marwaha, Ms. Sheetal Sharma and Mr. Soumya Aneja, Advs.
versus SANJEEV KHIRWAR & ORS.
.....Respondents Through:
Ms. Namrata Mukim, SC, Ms. Sakshi Saxena and Ms. Niharika Singh, Adv., MCD (through v/c)
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA % 18.03.2026
O R D E R
CM APPL.16848/2026 (Exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
CONT.CAS(C) 431/2026 3.
The present petition alleges wilful disobedience / non-compliance with the directions contained in the order dated 12.11.2025 passed in W.P.(C) 16801/2025. The same reads as under:
"1. The present writ petition has been filed seeking directions against the `alleged unauthorized and illegal construction being carried out by respondent no. 8, at property bearing Nos. 2271 to 2277 and 2285 to 2287, Murali Wala Kuan, Ghanta Ghar, Sabzi Mandi, Delhi-110007. 2.
Learned counsel appearing for the respondent-Municipal Corporation of Delhi ("MCD") submits that the unauthorized construction in the property in question has already been booked and that the requisite action shall be taken, in accordance with law. 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 23/03/2026 at 11:59:01
3. This Court further takes note of the submission on behalf of the MCD that the property of the petitioner is atleast two kilometers away from the property in question.
4. Considering the submissions made before this Court, the MCD is directed to take requisite action, in accordance with law, after following the due process of law.
5. Further, the MCD is also at liberty to inspect the property of the petitioner and in case of any unauthorized construction, requisite action, in accordance with law shall be taken.
6. With the aforesaid direction, the present writ petition is accordingly disposed of."
4.
Learned counsel for the respondent / Municipal Corporation of Delhi (MCD), who appears on advance notice, submits that part action has been taken qua the unauthorized construction referred to in the order dated 12.11.2025.
5.
It is submitted that the remaining action for removal of subsisting unauthorized construction is scheduled for 20.03.2026. 6.
The said statement is taken on record.
7.
Let the remaining action for removal of unauthorized construction in the property in question be taken to its logical conclusion on the said date. 8.
The concerned SHO is directed to render appropriate assistance as may be required for the said purpose.
9.
No further orders are required to be passed in the present petition. 10.
The same is accordingly, disposed of in the above terms. SACHIN DATTA, J MARCH 18, 2026/cl 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 23/03/2026 at 11:59:01