BRIJ MOHAN TYAGI v. MUNICIPAL CORPORATION OF DELHI & ORS.
W.P.(C)/9054/2026 · 2026-07-09
Amit Bansal
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 11499 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11499 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.(C) 9054/2026 $~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9054/2026 & CM APPL. 42390/2026 BRIJ MOHAN TYAGI .....Petitioner Through: Mr. K.P. Jayaram and Mr. Sagar Sharma, Advocates. versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Kapil Dutta, Advocate for MCD. Mr. B Ramaswamy and Mr. Shivam Sharma, Advocates for UoI.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 09.07.2026 CM APPL. 42390/2026 (exemption)
1. Allowed, subject to all just exceptions.
W.P.(C) 9054/2026
2. The present writ petition has been filed seeking a direction to respondents to demolish the unauthorised construction carried out by the respondents no.3 and 4 at the property situated at WZ-108 and WZ-108A, Basai Dara Pur, Delhi-110015.
3. Mr. Kapil Dutta, Standing Counsel appearing on behalf of respondent/MCD submits that after following due process of law, a demolition order was passed on 2nd June, 2026. However, the said order has been challenged by the private respondents before the Appellate Tribunal, MCD (‘ATMCD’) and on 7th July, 2026, interim protection has been granted in favour of the said private respondents qua 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 13/07/2026 at 15:50:56
W.P.(C) 9054/2026 3.1 A copy of the order dated 7th July, 2026 has been handed over in Court and the same is taken on record.
4. In the order passed by the ATMCD on 7th July, 2026, it has specifically been stated that the interim protection will not protect encroachment on public land.
5. Counsel for the petitioner submits that it is evident from the Show Cause Notice itself that in the present case, there is projection on municipal land.
6. In view thereof, the present writ petition is disposed of while directing respondent/MCD to take appropriate action based on the outcome of the proceedings before the ATMCD.
7. All rights,
contentions and legal remedies of private respondents/owner/occupier shall remain protected.
AMIT BANSAL, J JULY 9, 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 13/07/2026 at 15:50:56