Brijpal Upadhyay v. Government Of NCT Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BRIJPAL UPADHYAY .....Petitioner Through:

Mr. Atul Verma, Advocate along with petitioner.

versus GOVERNMENT OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Siddhant Nath, Mr. Bhavishya Makhija and Mr.

Amaan Khan, Advocate for MCD.

Mr. Abhishek Gupta, SPC with Ms.

Geetanjali Tyagi, Advocates for R-3.

Mr. Prince Rajput, S.I., P.S. Neb Sarai.

Mr. Abhishek Malhotra, Advocate for R-4 (Through video-conferencing).

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 10.03.2026 1.

The present writ petition has been filed seeking a direction to the respondents no.1, 2 and 3 to take appropriate action against the unauthorised construction being raised by the respondent no.4 at property No. L-1, 1100/16C, Gali No.25, Asthal Mandir, Sangam Vihar, New Delhi (hereinafter 'subject property').

2.

A status report has been handed over on behalf of the respondent no.2/MCD in Court today.

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

2.1.

The same is permitted to be taken on record.

3.

In terms of the status report, demolition action took place on 24th February, 2026, and one RCC panel, each on the Ground Floor, First Floor and Second Floor has been demolished and re-enforcement bars have been cut down. Further, Windows/ Chowkhats and the brick walls at the First Floor, Second Floor and Third Floor have also been demolished. Further demolition action in respect of the subject property is planned on 17th March, 2026. Along with the status report, photographs have been filed to demonstrate the action taken by respondent no.2/MCD. 4.

A status report has been handed over in Court on behalf of the respondent no.3/SHO P.S. Neb Sarai.

4.1.

The same is permitted to be taken on record 5.

In terms of the said status report, an FIR has been registered under Section 332/461 of the Delhi Municipal Corporation Act, 1957 and a chargesheet has also been filed.

6.

In view of the aforesaid, this Court does not feel the need to keep the present petition pending any further.

7.

Needless to state, the respondent no.2/MCD shall take the proposed action as stated in the status report.

8.

While carrying out the demolition action, the respondent no.2/MCD shall bear in mind that the demolished structure does not cause any safety hazard to the petitioner's property, which is adjacent to the subject property. 9.

The present writ petition is disposed of.

10.

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.

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

11.

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

AMIT BANSAL, J MARCH 10, 2026/at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.