Sh Bharat Bhushan Ghai Through His Spa Sh Praveen Kumar Sharma v. Municipal Corporation Of Delhi & ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4674/2026 & CM APPL.
22822/2026, CM APPL.
22823/2026 SH BHARAT BHUSHAN GHAI THROUGH HIS SPA SH PRAVEEN KUMAR SHARMA .....Petitioner Through:
Mr. Sudhir Tewatia, Ms. Manisha, Mr. Madhur Tewatia, Mr. Ankush and Mr.
Tarun Maan, Advocates (through VC) versus MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through:
Mr. Vasu Singh, Advocate for MCD.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
O R D E R
% 14.05.2026 1.
The present writ petition has been filed seeking a direction against respondent no.1/ MCD to take action against illegal and unauthorised construction by respondent no.2 in property bearing no. 4, 4A, 4B area measuring 375 sq. yards, out of Mustail No.54, Killa No.14, Hastsal Colony (Vidya Vihar), Uttam Nagar, Delhi-110059 (hereinafter 'subject property'). 2.
Counsel appearing for the respondent no.1/ MCD submits that the petitioner has also filed a civil suit against the alleged unauthorised construction which is pending before the Civil Court and in which an order has been passed on 9th April, 2026 dismissing the application for interim injunction filed by the petitioner herein.
3.
A status report has been handed over in Court on behalf of respondent W.P.(C) 4674/2026 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 16/05/2026 at 12:49:27
no.1/MCD. The same is taken on record.
4.
In the status report, it has been stated that after following due process of law, a demolition order was passed on 24th November 2025 against 'unauthorized construction in the shape of basement, ground floor, first floor and part second floor including projection on municipal land and amalgamation of Property No. 4, 4A & 4B' in respect of the subject property was passed on 24th November, 2025. Subsequently, a demolition programme was fixed on 29th December, 2025 and 1st January, 2026. However, the same could not be executed due to enforcement of GRAP-IV restrictions. Another demolition action was fixed for 29th January 2026, which could not be taken as the subject property was found locked.
5.
In the meanwhile, respondent no.2 has approached the Appellate Tribunal, MCD (ATMCD) and an interim order has been passed in their favour on 3rd February, 2026 in the appeal bearing A.No.82/26. The relevant extract from the said order is set out below: "Till next date of hearing, no coercive action be taken against the property of appellant in pursuance of the demolition order dated 24.11.2025. However, it is made clear that no encroachment on the public land is protected. The appellant is directed not to raise any further construction in the property in question."
6.
In view thereof, the present writ petition is disposed of while directing respondent no.1/MCD to take appropriate action in accordance with law, based on the outcome of the said appeal.
AMIT BANSAL, J MAY 14, 2026 Vivek/- W.P.(C) 4674/2026 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 16/05/2026 at 12:49:27