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High Court of DelhiW.P.(C)/15680/2025

Dal Chand Yadav v. Delhi Urban Shelter Improvement Board (Dusib) & ORS.

2026-03-10Hon'Ble Mr. Justice Purushaindra Kumar Kaurav2 pages

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15680/2025 DAL CHAND YADAV .....Petitioner Through:

Mr. Siddhartha Yadav, Ms. Ishita Yadav, Mr. Deepak Kumar Mishra, Advocates versus DELHI URBAN SHELTER IMPROVEMENT BOARD (DUSIB) & ORS.

.....Respondents Through:

Mr.Ajay Vikram Singh, Ms. Priyanka Singh, Mr. M Aamir Faiyaz and Mr.Rehan Khan, Advocates for R-1.

Mr. Shashi Pratap Singh, Panel Counsel with Ms. Anamika Tyagi, Ms. Laqshyaa Saluja, Advocates for R-2.

Mr Umesh Burnwal, Standing Counsel MCD for R-3.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 10.03.2026 1.

The instant petition is for the following reliefs:- "a) issue the writ of Mandamus or any other appropriate writ, order or direction under article 226 of the Constitution of India thereby directing the respondent nos. 1 to 4 to take action against illegal .encroachment and unauthorised construction on the public lands/properties by the respondent nos. 5 to 11 in front of Flat No. 101 to 106 and 108 as reflected in site plan (Annexure P-6);

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 13/03/2026 at 13:51:17

b) issue an order or direction to the respondents to demolish the illegal constructions and clear the public road, Gali and parking area etc. as shown in the site plan (Annexure P-6);

c) issue such other writ/order/direction(s) in favour of the petitioner as maybe deemed just and proper in the facts and circumstances of the present case;

d) pass any other/further order/direction/relief(s) as this Hon'ble court may deem fit."

2.

Learned counsel appearing on behalf of respondent no.1 on instructions submits that the construction is found to be illegal. He, however, submits that the demolition will have to be done by the other authority. 3.

Learned counsel for the Municipal Corporation of Delhi („MCD‟) submits that he is not empowered to take any action. 4.

Be that as it may, if the construction in question is illegal, one of the authorities will have to take the action for its demolition. 5.

Therefore, all the respondents‟ i.e. respondent nos.1 to 4 are directed to co-ordinate amongst themselves; to convene a joint meeting and to take the issue to its logical conclusion with respect to the demolition of the illegal construction.

6.

Respondents shall be at liberty to extend an opportunity of hearing to the affected person.

7.

Let the entire decision be taken within a period of four months from the date of receipt of copy of the order passed today. 8.

With the aforesaid observations, the instant petition stands disposed of.

PURUSHAINDRA KUMAR KAURAV, J MARCH 10, 2026 Nc 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 13/03/2026 at 13:51:17