Ritesh Kumar v. Municipal Corporation Of Delhi & ORS.

$~54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7018/2026 & CM APPL. 34428/2026 RITESH KUMAR .....Petitioner Through:

Mr. Siddharth Malkania, Advocate.

versus MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through:

Mr.

Divye Chugh & Ms.Angel Bhardwaj, Advocates for R-1.

Mr. Ankur Yadav, SPC with Ms.

Anupriya Yadav, Advocates for Delhi Police.

Ms.

Urvi Mohan, Advocate for GNCTD.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 20.05.2026 1.

The present writ petition has been filed seeking demolition of the unauthorized construction carried out by the private respondent nos. 4 and 5, at A-43, Jagat Puri Extension (hereinafter 'subject property'), without any sanction plan. A further relief is sought claiming compensation from MCD on account of the death of the minor daughter of the petitioner, due to negligence of MCD.

2.

Counsel appearing on behalf of the respondent no.1/ MCD, on advance notice, submits that a show cause notice has been issued in respect of the unauthorized construction at the subject property. Thereafter, the owners/occupiers filed an appeal before the Appellate Tribunal, MCD W.P.(C) 7018/2026 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 23/05/2026 at 12:48:18

('ATMCD'), which has been allowed vide order dated 12th May, 2026, whereby the show cause notice has been set aside and the matter has been remanded afresh to MCD for fresh adjudication. 3.

In view thereof, the respondent/ MCD shall take appropriate action in terms of the order passed by the ATMCD, in accordance with law. 4.

Insofar as the relief of compensation is concerned, the remedy of the petitioner to seek compensation would be against the owners/occupiers of the subject property, who were carrying out construction on account of which the petitioner's daughter lost her life. 5.

In view thereof, the present petition along with pending application stands disposed of, while giving liberty to the petitioner to take appropriate steps so as to claim compensation.

AMIT BANSAL, J MAY 20, 2026 at W.P.(C) 7018/2026 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 23/05/2026 at 12:48:18