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High Court of DelhiW.P.(C)/19206/2025

Ashok Kumar Gaba v. Municipal Corporation Of Delhi Through Commissioner & ORS.

2026-04-16Hon'Ble Mr. Justice Amit Bansal2 pages

$~7 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 19206/2025 ASHOK KUMAR GABA .....Petitioner Through:

Mr. Vikas Sharma, Advocate along with petitioner in person.

versus MUNICIPAL CORPORATION OF DELHI THROUGH COMMISSIONER & ORS.

.....Respondents Through:

Mr. Sanjay Vashishth, Mr. Siddhartha Goswami, Mr. Krish Bhati and Mr.

Aditya Sachdeva, Advocates for MCD.

Mr. Niraj Kumar, Sr. Central Govt.

Counsel for R-3/Delhi Police.

Mr. Shayuk Kumar and Ms. Muskan, Advocates for R-4 & 5.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 16.04.2026 1.

The present writ petition has been filed seeking directions to the respondents no.1 to 3, to take action against the illegal and unauthorized construction in the property bearing No.H-23/4 (Old No. 11-A) situated at Abadi of Garhwali Mohalla, Laxmi Nagar in the area of village Khureji Khas Ilaqa, Shahdara, Delhi - 110092 (hereinafter the 'subject property'), being carried out by the respondents no.4 and 5. 2.

Status report has been filed on behalf of the respondent/MCD. The same has been handed over in Court today and is taken on record. W.P.(C) 19206/2025 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 20/04/2026 at 12:21:42

3.

In the status report, it is stated as under:

i.

Show-cause notice dated 11th December, 2025 was issued in respect of the subject property.

ii.

Subsequently, following due process of law, a sealing order was passed on 11th February, 2026.

iii.

Thereafter, projection on the stilt floor was demolished on 23rd March, 2026.

iv.

Subsequently, the private respondents no.4 and have approached the Appellate Tribunal MCD ('ATMCD') and vide order dated 2nd April, 2026, an interim order has been passed in their favour.

4.

In these circumstances, the present writ petition is disposed of while directing that the respondent/MCD shall take appropriate action based on the outcome of the appeal filed by the respondents no.4 and 5 before the ATMCD.

5.

This order shall be given to the counsel for the parties dasti under the signatures of Court Master.

AMIT BANSAL, J APRIL 16, 2026 Rzu W.P.(C) 19206/2025 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 20/04/2026 at 12:21:42