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High Court of DelhiW.P.(C)/7260/2026

Bela Khanna v. Municipal Corporation Of Delhi & ORS.

2026-05-26Hon'Ble Mr. Justice Amit Bansal3 pages

$~21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7260/2026 with CM APPL. 35511/2026 BELA KHANNA .....Petitioner Through:

Mr. Arush Kapoor, Advocate.

versus MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through:

Mr. M.S. Oberoi, Advocate for R-1.

Mr.

Chiranjiv Kumar and Mr.

Mukesh Sachdeva, Advocates for R2.

Mr. Mimansak Bhardwaj, Advocate.

Mr. Rajendra Singh Chauhan and Ms.

Monika Chauhan, Advocates for R-3.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 26.05.2026 1.

The present writ petition has been filed seeking a direction to the respondent-MCD to stop the illegal demolition and excavation activities being carried out at property bearing No.16A/17, W.E.A. Karol Bagh, New Delhi-110005 ('subject property').

2.

It is submitted that the petitioner is a next-door neighbour and the aforesaid activities are causing damage to the petitioner's property. 3.

At the hearing on 22nd May, 2026, MCD was directed to verify whether any excavation activity is being carried out by the owner/occupier of the said building. Further, notice was directed to be served on respondent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

no.3.

4.

Counsel appears on behalf of respondent no.3 and submits that the subject property was sold by respondent no.3 about three (3) years back and now respondent no.3 has nothing to do with the subject property. 5.

Status report is stated to have been filed on behalf of respondentMCD. 5.1 However, the same is not on record.

6.

A Copy of the status report has been handed over in Court and the same is taken on record. In the status report it is stated that owner/occupier of the property is demolishing/dismantling the existing structure of the property, including the existing basement and no new excavation activity is being carried out. The relevant extracts from the status report are set out below:- "4.

That the property bearing no. 16A/17, W.E.A. KAROL BAGH, NEW DELHI-110005 has been inspected by the concerned JE(B)/KBZ on 22.05.2026. During inspection it has been noticed that the owner/occupier of the property is demolishing/dismantling the existing structure of the property including existing Basement and no new excavation activity is being carried out. The photographs of the property taken during inspection are annexed herewith as Annexure-A. 5.

That no sanction building plan in respect of property no. 16A/17, W.E.A. KAROL BAGH, NEW DELHI-110005 is available in the Zonal Building Department, Karol Bagh Zone, MCD.

6.

That advisory to owner/occupier/builder of the property has also been issued vide no. A/AE(B)/KBZ/2026/1250 dated 22.05.2026 to carry out demolition work as per MCD Circular Vide No.

CE(Bldg)/HQ/2024-25/D-06 Dated 22.05.2026. Copy of the Advisory Dated 22.05.2026 is annexed herewith ad Annexure-B." 7.

The status report also has photographs which suggest that only demolition activity is being carried out in the subject property, which The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

includes an existing basement.

8.

In view of the statements made in the status report, the present writ petition is disposed of.

9.

Needless to state, in the event any unauthorized construction or excavation takes place in future, MCD shall take appropriate action in accordance with law.

10.

Pending application also stands disposed of.

AMIT BANSAL, J MAY 26, 2026 Vivek/- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.