GAURAV RAMPAL v. DELHI DEVELOPMENT AUTHORITY AND ANR.
W.P.(C)/8924/2026 · 2026-07-08
Jasmeet Singh
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 11681 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11681 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~108 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8924/2026 GAURAV RAMPAL ....Petitioner Through: Petitioner-In-Person versus DELHI DEVELOPMENT AUTHORITY AND ANR......Respondents Through: Ms Mrinalini Sen SC along with Mr Pranay Lakhanpal, Advs. for DDA CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 08.07.2026
1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers :-
“a) Issue an appropriate writ, order or direction quashing the impugned Notice dated 01.08.2024 and the subsequent undated Notice (allegedly signed on 19.06.2026 and pasted on 23.06.2026), being illegal, without jurisdiction and void; and/or b) Declare that Respondent No. 2 had no authority in law to issue the impugned Notices or to undertake coercive action in respect of the Petitioner's property; and/or c) Declare that the demolition of the Petitioner's car parking structure carried out on 07.08.2024 is illegal, void and without authority of law; and/or d) Declare that the demolition of the Petitioner's ‘Board Wall’ carried out on 26.06.2026 is illegal, void and without authority of law; and/or 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 11:39:16
e) Direct the Respondents to produce before this Hon'ble Court the statutory authority, notification or other legal instrument, if any, empowering the Respondent No. 2, the Executive Engineer, DDA to issue the impugned Notices and undertake the impugned action; and/or f) Direct Respondent No. 1 to disclose and place on record the sanctioned Building Plan and the particulars relating to the Common Areas and Limited Common Areas applicable to the Petitioner's property, including those contemplated under Section 13(vi) and (vii) of the Delhi Apartment Ownership Act, 1986; and/or g) Award costs of the present petition in favour of the Petitioner; and/or h) Direct the Respondents to restore the Petitioner's demolished car parking structure, or alternatively, consider and decide the Petitioner's claim for appropriate compensation in accordance with law; and/or B. Grant Liberty to the Petitioner to pursue appropriate civil or other legal remedies for compensation, damages, restoration and all consequential reliefs arising from the impugned action, without prejudice to the reliefs sought in the present writ petition; and/or C. Without prejudice to the foregoing prayers, if this Hon’ble Court is of the opinion that the legality of the alleged construction/ alteration requires adjudication under the statutory scheme, kindly direct that the matter be placed before 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 11:39:16
the competent authority under the MCD Act for consideration and decision strictly in accordance with law, after affording the Petitioner due notice, opportunity of hearing, and all statutory remedies including the right of appeal; and/or D. Award exemplary costs to the present proceedings in favour of the Petitioner. …”
2. The brief facts are that the petitioner is the owner of Flat No. D1-35, Sector E1, Vasant Kunj. The petitioner on 22.02.2022 wrote a letter to respondent No.1/ Delhi Development Authority (“DDA”) seeking approval for carrying out alterations in car parking space (CPS- P508). The petitioner subsequently altered his car parking space (CPS- P508) by erecting a tin shed enclosing the entire space. 3.
Annexure P-9, annexed with the present petition, shows the structure and the same extracted as under:- 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 11:39:16
4. Thereafter, the respondent No.2 demolished the structure on
07.08.2024. Subsequently, the petitioner has written numerous letters to respondent No. 1/DDA and respondent No.2 on the subject and also stating that the action of demolishing the structure of the petitioner was illegal and incorrect. 5. Mr. Rampal, petitioner who appears in person, states that under the definition of parking space under the MCD bye laws, the petitioner is entitled to enclose his car parking area. 6. He draws my attention to Clause No. 1.4.80 of the Unified Building Bye Laws for Delhi, 2016, which reads as under:-
“1.4.80 Parking Space: An area enclosed or unenclosed, covered or open, sufficient in size to park vehicles, together with a driveway connecting the parking space with a street or alley and permitting ingress and egress of the vehicles.”
7. He states that under the said bye law, the petitioner is entitled to enclose his car parking space. 8. For the said reasons, issue notice. 9. Ms. Sen, learned standing counsel accepts notice on behalf of the respondents/DDA. 10. I am unable to agree with the case of the petitioner. The petitioner has been granted open car parking space and enclosing the space would amount to converting it into a garage. The same is not permissible. It is only an area which is enclosed by the municipal authority and given to an individual, the same would be construed as an enclosed parking space. 11. Another argument of the petitioner is that the DDA has no authority to issue notice for demolition and that under Section 343 of the Delhi Municipal 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 11:39:16
Corporation Act, 1957 (“MCD Act”) it is only the Commissioner, MCD, who is empowered to remedy unauthorized construction. The said argument is also misconceived. 12. Since, in the present case, the notice dated 01.08.2024 for removal of illegal and unauthorized construction on drainage and rain harvesting system at E1, Housing Pocket, Vasant Kunj (the area where the car parking space was enclosed) was issued by DDA, it is presumed that DDA is the authority which will remove illegal and unauthorized constructions. 13. Further, any information sought by the petitioner, the petitioner has a right under the Right to Information Act, 2005 to seek the same. 14. As regard prayer no. (f) is concerned, the respondent No. 1 shall provide copy of the sanctioned building plan and particulars related to the common areas to the petitioner in accordance with extant rules and regulations of respondent No. 1 within 4 weeks from today. 15. With these observations, the present petition is disposed of. JASMEET SINGH, J JULY 8, 2026/AS 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 11:39:16