W.P.(C) 8751/2026 $~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8751/2026 & CM APPL. 41102/2026 KHOSMENDIR SINGH GAHUNIA .....Petitioner Through: Mr. Avtar Singh, Advocate along with petitioner in person. versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Kapil Dutta, standing counsel for MCD. Mr. Puneet Kumar Yadav, CGSPC with Mr. Raghwendra Tiwari, Advocate for R-2 & 3. SI Sanjay Dahiya, PS: KM Pur. Mr. Tanmaya Mehta, Mr. Karan Nagrath, Ms. Rashmi Gogoi, Mr. Ambuj Tiwari, Mr. Arjun Nagrath, Mr. Fateh Khanna and Mr. Kishan Yadav, Advocates for R-4. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 10.07.2026 1. The present writ petition has been filed seeking a direction to respondents no.1 to 3 to take appropriate action against the respondent no.4 for carrying out excavation in the property bearing No. A-9-10, Ring Road, South Extension Part - 1, New Delhi – 110049 (‘subject property’), which is causing damage to the petitioner’s property and public road. Photographs have been filed along with the writ petition to show that the excavation is being carried out by respondent no.4 in the subject property. 2. Notice in the petition was issued on 6th July, 2026 and the respondent- 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 14/07/2026 at 11:37:49 W.P.(C) 8751/2026 MCD was asked to inspect the subject property and furnish a report. 3. Mr. Kapil Dutta, standing counsel appearing on behalf of the respondent-MCD submits that the subject property has been inspected. He submits that there has been removal of mud on account of the excavation which may have an impact on the boundary wall of the petitioner. Accordingly, directions may be issued to the private respondent no.4 to get the construction site inspected by a Structural Engineer and take appropriate remedial steps. 4. Mr. Tanmaya Mehta, counsel appearing on behalf of the private respondent no.4, submits that cement bags have already been placed in the area from where the mud has been removed so that there is no threat to the wall of the petitioner. He further undertakes that in the event the boundary wall of the petitioner is damaged in any manner, the private respondent shall rebuild the same at his own expense. 5. Mr. Mehta further assures the Court that no damage is caused to the petitioner’s property during the course of the construction. In this regard, services of an independent Structural Engineer shall be engaged by respondent no.4 who will recommend measures that are required to be taken within a week so that no damage is caused to the petitioner’s property. 6. Taking note of the aforesaid submissions and binding the private respondent no.4 to the same, the present writ petition is disposed of. 7. Pending application stands disposed of. 8. All rights, contentions and legal remedies of the parties are kept open. AMIT BANSAL, J JULY 10, 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 14/07/2026 at 11:37:49