W.P.(C) 8355/2026 $~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8355/2026, CM APPL. 39275/2026 & CM APPL. 39276/2026 NITIN JAIN .....Petitioner Through: Mr. Anuj Kumar Garg, Advocate. versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Kapil Dutta, Standing counsel for MCD. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 03.07.2026 CM APPL. 39275/2026 (exemption) 1. Allowed, subject to all just exceptions. W.P.(C) 8355/2026 2. The present writ petition has been filed assailing the action of respondent/ MCD in carrying out demolition/ sealing of the property bearing no. Plot No.699, Khasra No. 740, 496 Village Chirag Delhi, New Delhi (‘subject property’). 3. Notice in the present petition was issued by the Vacation Bench on 24th June, 2026. 4. Status report has been filed on behalf of respondent/ MCD. 5. Along with the status report, the respondent/ MCD has placed on record an order dated 17th June, 2026, issued under Section 348 of the DMC Act, 1957. 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 06/07/2026 at 10:32:44 W.P.(C) 8355/2026 5.1 In terms of the said order, the building at the subject property is in a dangerous condition and therefore, the respondent/ MCD has called upon the petitioner to demolish the said building, failing which MCD would carry out the demolition. 5.2 Since the petitioner did not carry out the demolition, respondent/ MCD has proceeded to demolish the subject property. Photographs have been placed on record in this regard. 6. Along with the status report, respondent/ MCD has also placed on record report of a Structural Engineer, in terms of which the subject property is unsafe for occupancy as a significant majority of the column elements fail to satisfy the strength and stability criteria mandated by relevant structural codes. 7. Counsel for the parties were heard for some time. 8. After some hearing, it was put to counsel for the petitioner whether the petitioner is willing to demolish the subject property and subsequently re-build the same after obtaining a fresh Sanctioned Plan from the MCD, the matter was passed-over in order for the counsel for the petitioner to obtain instructions for the said purpose. 9. Counsel for the petitioner returned with instructions and submits that the petitioner is willing to entirely demolish the building at his cost and thereupon apply to MCD for a fresh Sanctioned Plan for reconstructing the building. 10. The petitioner shall file an undertaking before this Court within three (3) days stating that the petitioner shall entirely demolish the building at the subject property within three (3) weeks from today. 10.1 In the event the petitioner does not demolish the building at the 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 06/07/2026 at 10:32:44 W.P.(C) 8355/2026 subject property within three weeks, the respondent/ MCD shall be free to carry out the demolition action. 11. The present writ petition stands disposed of in the aforesaid terms. AMIT BANSAL, J JULY 3, 2026 at 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 06/07/2026 at 10:32:44