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2025 DAILYLAW 5778 (DEL)

SH. ASHOK KUMAR MEHTA v. MUNICIPAL CORPORATION OF DELHI & ORS.

W.P.(C)/18866/2025 · 2026-08-06

Amit Bansal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(C) 18866/2025 $~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC011006782025 + W.P.(C) 18866/2025 with CM APPL. 78501/2025, CM APPL. 81367/2025, CM APPL. 15559/2026, CM APPL. 51291/2026 and CM APPL. 51292/2026 SH. ASHOK KUMAR MEHTA .....Petitioner Through: Ms. Mansi Mehta, Advocate. versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Mukesh Gupta, Standing counsel for MCD with Mr. Raghav Gupta, Ms. Madhu Yadav and Ms. Gurleen Kaur Sran, Advocates for MCD. Mr. Kartik Jasra, Mr. Shivam Jasra and Mr. Nakul Khanna, Advocates for R-3 & 4. Mr. Prajesh Vikram Srivastava, SPC with Mr. Dipanshu Sharma, Advocate for Delhi Police (through VC). CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 06.08.2026 1. The present writ petition has been filed seeking directions to the respondent authorities to take action against the unauthorized and illegal construction raised by respondent nos. 3 and 4 in the property bearing No. N-60 ½, 100 sq. yds., Kirti Nagar, New Delhi-110015 (‘subject property’). 2. Status report was filed on behalf of the respondent no.1/MCD on 23rd 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 10/08/2026 at 11:48:50 W.P.(C) 18866/2025 March, 2026 wherein it was stated that a show-cause notice has been issued and a personal hearing has been granted to the private respondents no.3 and 4. 3. The status report also records the fact that two regularization applications were filed on behalf of the respondents which were refused. 4. Against the said refusal order, an appeal has been preferred by the respondents no.3 and 4 before the Appellate Tribunal, MCD (‘ATMCD’). 5. Subsequently, a demolition order dated 10th April, 2026 was passed by the MCD in respect of the subject property. 6. The aforesaid demolition order has also been challenged by the respondents no.3 and 4 before the ATMCD. 7. In the said appeal vide order dated 29th April, 2026, interim protection was granted to the respondents no.3 and 4. Subsequently, vide order dated 5th June, 2026, permission has been granted to the respondents no.3 and 4 to carry out self-demolition of the non-compoundable deviation and a direction was passed not to raise any further construction in the subject property. 8. In light of the fact that ATMCD is seized of appeals relating to demolition and regularization qua the subject property, the present writ petition is disposed of while directing the respondent/MCD to take appropriate action based on the outcome of the appeal filed by the respondents. 9. All rights, contentions and legal remedies of the parties are kept open. 10. Pending applications stand disposed of. AMIT BANSAL, J AUGUST 6, 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 10/08/2026 at 11:48:50