Smt Arati Ray v. Municipal Corporation Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7421/2026 & CM APPL.

36119/2026, CM APPL.

36120/2026 SMT ARATI RAY .....Petitioner Through:

Mr. Pallav Arora, proxy counsel Mr.

Mohsin Sarwar, Advocate (Through VC) versus MUNICIPAL CORPORATION OF DELHI & ORS......Respondents Through:

Ms. Shaini Bhardwaj, proxy counsel

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 25.05.2026 1.

The lawyers are abstaining from work today.

2.

Proxy counsel are present for the parties.

CM APPL. 36120/2026 (exemption) 3.

Allowed, subject to just all exceptions.

W.P.(C) 7421/2026 CM APPL. 36119/2026 (seeking interim stay) 4.

The present writ petition has been filed seeking a direction to the respondents to demolish the unauthorised construction in the shape of an extra floor on the common terrace of flat No.175-C, DDA Flats, Shahpur Jat, New Delhi. Photographs have been filed by the petitioner showing the unauthorised construction.

5.

Proxy counsel on instructions from officials of MCD submits that the W.P.(C) 7421/2026 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 29/05/2026 at 11:59:04

subject property has been booked on 4th May, 2026 and a show cause notice has been issued on the same date. A reply to the show cause notice has been received on 19th May, 2026 and now a personal hearing has been granted by MCD to the respondent no.5, i.e. the owner/occupier of the subject property. 5.1The aforesaid documents have been handed over in Court and are taken on record.

6.

In view thereof, the present writ petition is disposed of while directing the respondent/MCD to take action in appropriate action in accordance with law.

7.

The respondent no.3/SHO Police Station, Hauz Khas, shall ensure that no unauthorised construction is carried out in terms of the work stop notice issued by MCD.

8.

In the event the petitioner has any further grievance with regard to unauthorised construction, he is at liberty to take appropriate remedies in accordance with law.

9.

All rights, contentions and legal remedies of the owner/occupier/private respondent shall remain protected. AMIT BANSAL, J MAY 25, 2026 ds W.P.(C) 7421/2026 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 29/05/2026 at 11:59:04