Rajat Arora v. Shri Ashwani Kumar Municipal Corporation Of Delhi Through Commissioner & ORS.

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 08.05.2026 + CONT.CAS(C) 819/2026 RAJAT ARORA .....Petitioner Through:

Mr. Ikrant Sharma, Mr. Shivam Sharma, Advs.

versus SHRI ASHWANI KUMAR MUNICIPAL CORPORATION OF DELHI THROUGH COMMISSIONER & ORS. .....Respondents Through:

Mr. Harshit Chopra (SC) along with Ms. Swati Tiwari, Mr. Khushal Chand Aggarwal, ADvs. for R1 to R3 and Mr. Pradeep Kumar (AE/MCD).

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA SACHIN DATTA, J. (Oral) CM APPL.31175/2026 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CONT.CAS(C) 819/2026 3.

The present petition has been filed by the petitioner alleging wilful disobedience/ non-compliance of the directions contained in the order dated 03.12.2025 passed by this Court in W.P.(C) 15377/2025 and connected matter, concerning unauthorised construction and excess coverage in the property situated at 60B and 60C & 60D, Mayur Vihar, Phase-II, East Delhi, Delhi.

4.

The petitioner submits that requisite action qua the subsisting unauthorised construction in the said property, as mandated in terms of the By:ABHISHEK THAKUR 11:40:23 CONT.CAS(C) 819/2026 Page 1 of 2

said order, has not been taken by the Municipal Corporation of Delhi (MCD).

5.

Issue notice.

6.

Learned counsel, as aforesaid, accepts notice on behalf of the respondents.

7.

During the course of hearing, learned counsel for the respondents/ MCD, on instructions from the Assistant Engineer, MCD who is present in Court, assures and undertakes that requisite action qua the entire subsisting unauthorised construction in the aforesaid property shall be taken expeditiously and in any event within a period of three weeks from today. Let the entire subsisting unauthorised construction be demolished. Needless to say, the same shall be subject to adherence to applicable procedural requirements and the order of the Supreme Court in In Re: Directions in the matter of demolition of structures, 2024 SCC OnLine SC 3291. 8.

Taking the aforesaid statement and undertaking on record, the present petition is disposed of.

9.

Let a compliance affidavit be filed within a period of eight weeks from today. Let an advance copy be supplied to learned counsel for the petitioner.

10.

It is made clear that in case of non-compliance of the aforesaid directions on the part of the MCD, this Court shall be constrained to take appropriate action against the concerned Assistant Engineer (MCD) for committing wilful disobedience of the orders passed by this Court. 11.

The petition is disposed of in the above terms. SACHIN DATTA, J MAY 8, 2026/uk By:ABHISHEK THAKUR 11:40:23 CONT.CAS(C) 819/2026 Page 2 of 2