Faisal Ahmed v. Ms Kanika, Deputy Commissioner, Mcd

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 572/2026 FAISAL AHMED .....Petitioner Through:

Md.

Faizan Chaudhary, Adv.

(through v/c).

versus MS KANIKA, DEPUTY COMMISSIONER, MCD .....Respondent Through:

Mr. Kapil Dutta, SC, MCD.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 08.04.2026

O R D E R

CM APPL.22361/2026 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CONT.CAS(C) 572/2026 3.

The present petition alleges wilful disobedience of the order dated 08.01.2026 passed in W.P.(C) 104/2026. The said order reads as under: "1. The present writ petition has been filed seeking a direction to the respondents to demolish/ seal and remove all illegal and unauthorized construction carried out by the respondent no. 3 at property bearing no. '9636, Gali Neem Wali, Nawab Ganj, Azad Market, Delhi- 110006'.

2. It is stated that along with the writ petition, the petitioner has filed photographs, as also the site plan, showing the alleged unauthorized construction.

3. A complaint has been filed by the petitioner to the respondent no.1/MCD on 21st September, 2025.

4. Issue notice.

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 15/04/2026 at 11:27:23

5. Notice is accepted by counsel appearing on behalf of the respondents no.1, 2 and 3.

6. Counsel appearing on behalf of the respondentsno.1and2/MCD submits that the aforesaid property has already been booked on 26th December, 2025, and further action will be taken in accordance with law in an expeditious manner.

7. In view thereof, the writ petition stands disposed of.

8. All pending applications stand disposed of." 4.

Mr. Kapil Dutta, learned counsel who appears for the respondent / Municipal Corporation of Delhi (MCD) on advance notice, submits that a demolition order has been passed in respect of the concerned property on 15.01.2026. It is submitted that although demolition action was scheduled on two occasions, the same could not be carried out. He submits that a special demolition action for the property in question has been scheduled on 16.04.2026. He assures and undertakes that the requisite demolition action shall be taken on the said date and unauthorized construction shall be removed in all respects.

5.

The SHO of the concerned police station is directed to render appropriate assistance/cooperation to the MCD for the purpose of the aforesaid action.

6.

Taking the above statement on record, the petition is disposed of. 7.

Let a compliance affidavit be filed by the MCD within a period of eight weeks from today.

SACHIN DATTA, J APRIL 8, 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 15/04/2026 at 11:27:23