W.P.(C) 9974/2026 $~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9974/2026 & CM APPL. 46422/2026, CM APPL. 46423/2026 MRS. KELA DEVI .....Petitioner Through: Mr. Naman Gupta, Ms. Jyoti Yadav, Ms. Mansi Goyal & Ms. Nisha Thakur, Advocates. versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Sushant Singh, Advocate for R-1. Mr. Ajay Kumar Pandey, SPC with Ms. Nasreen Khatoon, GP for R-2 & 3. Mr. Sushant Singh, Advocate for R-1. Mr. Harsh Panwar & Ms. Kavita Bhardwaj, Advocates for R-4-6. SI Ajay Kumar, P.S.: Malviya Nagar. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 23.07.2026 1. The present writ petition has been filed seeking the following reliefs:- 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 27/07/2026 at 15:41:23 W.P.(C) 9974/2026 2. It is stated that the subject property is adjacent to the house of the petitioner. It is further stated that the subject property comes within the protected area of the Archaeological Department. The grievance of the petitioner is that the unauthorised construction has been carried out by the respondents no.4 to 6 without getting approval/NOC from the concerned departments, including MCD and the Archaeological Department. 3. Counsel appears on behalf of the respondent no.3/Archaeological Survey of India (ASI) on advance notice and submits that since the construction is within a hundred meters from the protected monument, a show cause notice has also been issued to the respondents no.4 to 6. 4. Counsel appearing on behalf of the respondent/MCD on advance notice submits that after following due process of law, MCD has passed a demolition order dated 13th 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 27/07/2026 at 15:41:23 W.P.(C) 9974/2026 4.1. The said order has been handed over in Court, and the same is taken on record. 5. In terms of the said order, the private respondents no.4 to 6 have been directed to demolish the unauthorised construction in the shape of ground floor and second floor within fifteen (15) days. 6. In view thereof, the present writ petition is disposed of with the following directions: i. The officials of the respondents no.1 and 2 are directed to take appropriate action in accordance with law. ii. The respondent no.3/ASI shall proceed to adjudicate the show cause notice in accordance with law. 7. All rights, contentions and legal remedies of the private respondents no.4 to 6 are kept open. 8. Counsel for the private respondents no.4 to 6 submits that he shall be filing a statutory appeal against the aforesaid demolition order and three (3) weeks’ time may be granted for the said purpose. 9. Taking note of the aforesaid submission, no coercive steps shall be taken by MCD against the private respondents for a period of three (3) weeks from today. AMIT BANSAL, J JULY 23, 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 27/07/2026 at 15:41:23