Sh. Kuldeep Singh v. Municipal Corporation Of Delhi And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ SH. KULDEEP SINGH .....Petitioner Through:

Mr. Swastik Singh, Ms. Shreshtah Raj Shrivastava and Mr. Manish Basista, Advocates.

versus MUNICIPAL CORPORATION OF DELHI AND ORS .....Respondents Through:

Mr. Vanshul Pali, Advocate for R-1.

Mr.

Prasanta Varma, Mr.

Rajat Choudhary and Mr. R.N. Sharma, Advocates for R-2.

Mr.

Arjun Mahajan, Ms.

Monica Batra, Mr. Apoorv Upmanyu and Mr.

Neeraj Yadav, Advocates for R-3.

Mr. Umesh Jatav, Advocate for R-4.

R-4 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 20.02.2026 1.

The present writ petition has been filed for directions to the respondent nos. 1 to 3 to demolish the unauthorized construction carried out by the respondent nos. 4 and 5 at House No. 811 & 812, Near Chopal, Village Mahipalpur, New Delhi-110037 (hereinafter the 'subject property'). 2.

Status report has been filed on behalf of the respondent no.1/MCD. The relevant extracts from the said status report are set out below: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

(i) Property No.811, Near The unauthorized construction found carried out in the shape of GF, FF, SF, 3rd floor Chaupal, Village Mahipalpur, New Delhi - 37 (pertaining to (residentially occupied and old) at this Respondent No.5) property has been booked vide U.C. File No.161/B/UC/NGZ/25 dated 30/05/2025 and simultaneously the Show Cause Notice was issued and served upon the Owner/Builder for necessary compliance within 15 days. But the Owner(s)/Builder(s) did not respond the Show Cause Notice.

Therefore, the Order of Demolition of Building u/s 343 of DMC Act, dated 20/06/2025 has been issued and served upon with the direction to demolish the impugned unauthorized construction within stipulated/prescribed time period. Copy of Show Cause Notice dated 30/05/2025 and Order of Demolition dated 20/06/2025 are annexed herewith as Annexure-A (colly.).

(ii) Property No.812, Near The unauthorized construction found carried out in the shape of GF, FF, SF, 3rd floor, 4th Chaupal, Village Mahipalpur, New Delhi - 37 (pertaining to partly (old & residentially occupied) at this Respondent No.4) property has been booked vide U.C. File No.162/B/UC/NGZ/25 dated 30/05/2025 and simultaneously the Show Cause Notice was issued and served upon the Owner/Builder for necessary compliance within 15 days. But the Owner(s)/Builder(s) did not respond the Show Cause Notice.

Therefore, the Order of Demolition of Building u/s 343 of DMC Act, dated 20/06/2025 has been issued and served The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

upon with the direction to demolish the impugned unauthorized construction within stipulated/prescribed time period. Copy of Show Cause Notice dated 30/05/2025 and Order of Demolition dated 20/06/2025 are annexed herewith as Annexure-B (colly.).

3.

By way of the order passed by this Court on 16th October, 2025, taking note of the submission on behalf of the respondent no.4, this Court had granted interim protection to the respondent no.4. Subsequently, the respondent no.4 has approached the Appellate Tribunal MCD ("ATMCD") and has been granted interim protection.

4.

None appears on behalf of the respondent no.5, nor has it been pointed out that any protection has been granted in favour of the respondent no.5.

5.

In view thereof, MCD is directed to take appropriate action in accordance with law in respect of the property bearing H.No. 811, Near Chopal, Village Mahipalpur, New Delhi-110037, belonging to the respondent no.5.

6.

Accordingly, the present writ petition is disposed of while directing the respondent no.1/MCD to take appropriate action against property bearing H.No. 812, Near Chopal, Village Mahipalpur, New Delhi-110037, subject to the outcome of the aforesaid appeal. 7.

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.

8.

All rights, contentions and legal remedies of the owner/occupier shall The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

remain protected.

AMIT BANSAL, J FEBRUARY 20, 2026 Vivek/- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.