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High Court of DelhiW.P.(C)/16032/2025

Pravin Sharma v. Municipal Corporation Of Delhi

2026-01-29Hon'Ble Mr. Justice Amit Bansal3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ PRAVIN SHARMA .....Petitioner Through:

Ms. Akanksha Chaudhary, Advocate along with petitioner in person.

versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:

Mr. Neeraj Kumar, ASC for MCD with Mr. Subhit Kumar, AE-MCD.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 29.01.2026 1.

The present writ petition has been filed seeking directions to the respondent/MCD to carry out the inspection of the construction made on Plot No.29 in pocket E-3 of Sector 11, Rohini. 2.

While issuing notice, the Predecessor Bench was of the view that the concerned SHO as well as the owner/occupier of the property should also be impleaded in the writ petition as respondents. Accordingly, they were impleaded as the respondents no.2 and 3 respectively and notice was issued to them.

3.

Status report has been handed over in Court on behalf of the respondent/MCD and the same is taken on record. In the status report it is stated as follows:

i.

The subject property was inspected and during the inspection, it was found that there is unauthorised construction in the shape of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

deviation/excess coverage/projections on municipal land. ii.

Accordingly, a notice was issued to the owner/occupier on 1st December, 2025.

iii.

An opportunity of personal hearing was granted to the owner/occupier on 30th December, 2025.

iv.

Subsequently, on 14th January, 2026, an order was passed under Section 338 of the Delhi Municipal Corporation Act, 1957 and the regularisation plan submitted on behalf of the owner/occupier was revoked.

v.

Consequently, it was recorded that the construction work/alteration done was unauthorised and without sanction. Thereafter, a vacation notice has been issued on 15th January, 2026. 4.

Counsel for the respondent/MCD, on instruction from the officer of MCD who is present in Court, submits that the action is planned on 3rd February, 2026.

5.

MCD is directed to take action strictly in accordance with law, and after complying with all statutory requirements. 6.

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.

7.

All rights, contentions and legal remedies of the owner/occupier shall remain protected.

8.

In view of the above, the present writ petition is disposed of. AMIT BANSAL, J JANUARY 29, 2026 Rzu The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.