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2026 DAILYLAW 10180 (DEL)

MAMTA TYAGI v. MUNICIPAL CORPORATION OF DELHI & ORS.

W.P.(C)/7778/2026 · 2026-05-29

Amit Bansal

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(C) 7778/2026 $~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7778/2026 & CM APPL. 37738/2026 MAMTA TYAGI .....Petitioner Through: Mr. Ompal Singh, Mr. Geet Kumar and Mr. Lalit, Advocates. versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Sanjay Vashishtha, Mr. Siddhartha Goswami, Mr. Krish Bhatia and Mr. Aditya Sachdeva, Advocates for MCD. Mr. Siddharth Khatana, Advocate for R-3 and R-5/Delhi Police. Mr. Sunil Kumar, Advocate for R-4 (through VC) CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 29.05.2026 1. The present writ petition has been filed seeking a direction to the respondent/MCD to demolish the unauthorised construction raised by the land mafia over the property bearing Khasra No.46/24/I, 2, 3 Village Salempur Majra, Burari, Delhi-l10084 (hereinafter ‘subject property’). 2. The petitioner claims to have a share in the subject property and a civil suit has also been filed by the petitioner seeking declaration, cancellation, permanent and mandatory injunction in respect of the subject property. 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 01/06/2026 at 12:11:44 W.P.(C) 7778/2026 3. In the opinion of this Court, till the time the ownership of the petitioner is decided, the petitioner is not entitled to file the present writ petition under Article 226 of the Constitution of India, in respect of the subject property. 4. Accordingly, the present writ petition is disposed of while directing the respondent/MCD to inspect the subject property and take appropriate action in law, in the event any unauthorised construction is found to be carried out. 5. The aforesaid directions will not create any equities in favour of the petitioner. 6. Pending application stands closed. 7. All rights, contentions and legal remedies of the owner/occupier shall remain protected. AMIT BANSAL, J MAY 29, 2026 Vivek/- 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 01/06/2026 at 12:11:44