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2025 DAILYLAW 3271 (DEL)

VIJAY KUMAR v. MUNICIPAL CORPORATION OF DELHI & ORS.

W.P.(C)/12690/2025 · 2026-03-19

Amit Bansal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(C) 12690/2025 $~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12690/2025 VIJAY KUMAR .....Petitioner Through: Mr. Ronak Gupta, Advocate versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Vinod Kumar Khanna, Advocate for R-1/MCD Mr. Anuj Chaturvedi, Ms. Richa Dhawan & Ms. Yashita Jain, Advocates for R-2/DUSIB Mr. Abhishek Khanna, SPC & Mr. Parvesh Khanna, Advocates for R-4,5 &6 Mr. Tushar Sannu & Mr. Pulak Gupta, Advocates for R/DJB Ms. Prabhsahay Kaur, Standing Counsel with Ms. Antara Mishra, Advocates for R/STF/DDA Mr. Shannu Baghel & Mr. Ganpat Ram, Advocates for R-10 Mr. Manu Beri & Mr. Raunek Raheja, Advocates for R-11 CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 19.03.2026 1. The present writ petition has been filed seeking directions against the unauthorised construction existing in the property bearing no.F-11, Majnu Ka Tilla, Delhi-110054 and property bearing no.F-21, 4th Floor, Majnu Ka This is a digitally signed order. 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 23/03/2026 at 11:12:38 W.P.(C) 12690/2025 Tilla, Delhi-110054. 2. An updated status report has been filed on behalf of the respondent- MCD. The same is not on record. 2.1 A copy of the same has been handed over in Court today and is taken on record. 3. In the status report, it is stated that the property bearing no. F-11, Majnu Ka Tilla, Delhi-110054 was booked under Section 344(1) and 343 of the Delhi Municipal Corporation Act, 1957 on 28th August, 2025. Thereafter, following the due process of law, a demolition order dated 30th September, 2025 was passed in respect of the said property. It is further stated that demolition was fixed for 10th December, 2025 and 10th February, 2026. However, the same could not be carried out due to non-availability of police force. 3.1 Now, demolition order is fixed for 7th April, 2026. 4. In the status report, it has also been mentioned that sealing proceedings have been initiated in respect of the unauthorised construction in the said property and a show cause notice dated 18th March, 2026 has been issued. 5. Insofar as property bearing no. F-21, 4th Floor, Majnu Ka Tilla, Delhi-110054 is concerned, the same was booked on 28th August, 2025 and subsequently, a demolition order was passed on 19th November, 2025. Further, it is stated that the demolition action could not be carried out due to non-availability of police force. 5.1 The sealing proceedings have also been initiated in respect of the unauthorised construction in the said property and a show cause notice dated 18th March, 2026 had been issued. This is a digitally signed order. 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 23/03/2026 at 11:12:38 W.P.(C) 12690/2025 6. A status report has also been filed on behalf of the respondent/Delhi Jal Board. The same is not on record. 6.1 A copy of the same has been handed over in Court today and the same is taken on record. 7. Counter-affidavits are stated to have been filed on behalf of respondents no.10 and 11. However the same are not on record. 7.1 The delay, if any, in filing the counter-affidavits shall be condoned. 7.2 Counsel for the respondent nos.10 and 11 shall take steps to have the same placed on record. 8. Counsel for the respondent no.10 submits that he has filed an appeal before the Appellate Tribunal-MCD against the demolition order dated 30th September, 2025, in which a stay has been granted in his favour on 22nd December, 2025. 9. In view of the aforesaid, the present writ petition is disposed of while directing the respondent-MCD to proceed further in accordance with law. 10. The concerned SHO shall provide the necessary police force for carrying out the demolition action planned for 7th April, 2026. 11. Needless to state, all rights, contentions and legal remedies of the private respondents are kept open. AMIT BANSAL, J MARCH 19, 2026 Rzu This is a digitally signed order. 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 23/03/2026 at 11:12:38