Amit Kumar Rai v. Municipal Corporation Of Delhi And ORS

$~60 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5845/2026, CM APPL.

28676/2026 & CM APPL.

28677/2026 AMIT KUMAR RAI .....Petitioner Through:

Mr.

Akramur Rahman and Mr.

Hanzala Ahmed, Advocates.

versus MUNICIPAL CORPORATION OF DELHI AND ORS.

.....Respondents Through:

Mr.

Shivam Sachdeva, Additional standing counsel for MCD with Mr.

Yash Agrawal, Mr. Sparsh Ruhela and Ms. Sanjana Chib, Advocates for R-1/MCD.

Mr. Arjun Mahajan, SC with Ms.

Monica Batra, Mr. Apoorv Upmanyu, Mr. Ravikant Kumar and Mr. Vishal Sejwal, Advocates for R-4/DDA.

Mr. Jitesh Vikram Srivastava, SPC with Mr. Prajesh Vikram, Advocate for R-3 (through VC).

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 29.04.2026 1.

The present writ petition has been filed seeking a direction to the respondent-MCD to take action against respondent no.5 for carrying out unauthorized construction at Flat No.174-C, DDA Janta Flats Shahpur Jat, New Delhi ('subject property').

W.P.(C) 5845/2026 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 02/05/2026 at 12:50:53

2.

Counsel appearing on behalf of the respondent-MCD on advance notice, submits that the aforesaid property has been booked and a showcause notice dated 25th April, 2026 has been issued in respect of the unauthorized construction being carried out in the third floor and the fourth floor of the subject property.

3.

Further, he submits that a work-stop notice has also been issued to the concerned SHO, Police Station-Hauz Khas on 27th April, 2026. 4.

In view thereof, the present writ petition is disposed of while directing the respondent-MCD to take appropriate action in respect of the unauthorised construction at the subject property. 5.

A direction is also issued to the SHO, Police Station-Hauz Khas to ensure that in terms of the work-stop notice issued by MCD, no further construction is permitted in the subject property. 6.

Liberty is given to the petitioner to initiate appropriate proceedings in law in the event any further grievance survives. 7.

All rights, contentions and legal remedies of the private respondent no.5 are kept open.

AMIT BANSAL, J APRIL 29, 2026 Rzu W.P.(C) 5845/2026 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 02/05/2026 at 12:50:53