W.P.(C) 9269/2026 $~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9269/2026, CM APPL. 43391/2026 & CM APPL. 43392/2026 RAJESH KUMAR .....Petitioner Through: Mr. Harsh Ahuja, Mr. Rishabh Saxena, Mr. Himanshu Verma and Mr. Mukul Singh, Advocates with petitioner in person versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Ashutosh Gupta, ASC, MCD with Mr. Pulkit Garg, Advocate for R-1 Ms. Deeksha L. Kakkar, Mr. Rashneet Singh and Ms. Sana Parveen, Advocates for R-2/DDA Mr. Anubhav Gupta, Panel Counsel (Civil), GNCTD for R-3 Ms. Alpana Pandey, Senior Panel Counsel for UOI with Mr. Rishav Kashyap, G.P. for R-4 Mr. Shivam Mani Tripathi, Mr. Satyam Mani Tripathi and Mr. Vishal Bakshi, Advocates for R-5 Mr. Jetender Pal Singh, Senior Advocate with Mr. Vishal Ganda, Mr. Varun Kumar, Ms. Chhavi Jain, Mr. Aseem Shrivastava and Ms. Ragini, Advocates for R-6 CORAM: HON'BLE MR. JUSTICE AMIT BANSAL 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 15/07/2026 at 12:09:33 W.P.(C) 9269/2026 O R D E R % 13.07.2026 1. The present writ petition has been filed seeking a direction to the respondents to stop the unauthorised construction being carried out in the common area on the ground floor and first floor (rear portion) of the property bearing no.E-5/1, Vasant Vihar, New Delhi–110057 (hereinafter ‘subject property’). 2. It is stated that the petitioner is the owner of an undivided one-third share in the subject property by virtue of a registered Conveyance Deed dated 8th October, 2004. The rights of the co-owners stand crystallised in terms of a compromise decree passed by the Civil Court, whereby the common portions of the property were preserved for the common use and enjoyment of all co-owners. It is the grievance of the petitioner that the private respondents no.5 and 6, who are stated to have acquired the share of the petitioner’s brother in the said property, have raised unauthorised constructions and encroachments over the common portions of the property, including the driveway and other common areas, thereby obstructing the petitioner’s ingress and egress. 3. Along with the petition, the petitioner has attached photographs showing illegal construction in the subject property. Despite various complaints/representations addressed by the petitioner to the respondent authorities, seeking action against the aforesaid unauthorised construction, no effective steps have been taken. 4. Counsel appearing on behalf of the respondent/MCD on advance notice submits that a show cause notice for unauthorised construction in the subject property has already been issued on 8th July, 2026. 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 15/07/2026 at 12:09:33 W.P.(C) 9269/2026 5. The present writ petition is disposed of while directing the respondent no.1/MCD to take appropriate action in accordance with law. 6. In the event the petitioner has any further grievance with regard to unauthorised construction, he is at liberty to take appropriate remedies in accordance with law. 7. All rights and contentions of the owner/occupier/private respondents are kept open. AMIT BANSAL, J JULY 13, 2026 ds 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 15/07/2026 at 12:09:33