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2026 DAILYLAW 13477 (DEL)

MR AVDHESH MITTAL v. MUNICIPAL CORPORATION OF DELHI AND ANR

W.P.(C)/10250/2026 · 2026-07-27

Amit Bansal

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(C) 10250/2026 $~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10250/2026 & CM APPL. 47492/2026 MR AVDHESH MITTAL .....Petitioner Through: Mr. Kartik Bhardwaj and Ms. Mana Singh, Advocate. versus MUNICIPAL CORPORATION OF DELHI AND ANR. .....Respondents Through: Mr. Siddhant Soti, Advocate for R-1/ MCD. Mr. Niraj Kumar, Sr. Central Govt. Counsel with Mr. Chaitanya Kumar, Advocate for Delhi Police, PS: C.R. Park. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 27.07.2026 1. The present writ petition has been filed seeking a direction to the respondent no.1/MCD to take appropriate action against the unauthorized construction being carried out at property bearing no.E-582, Greater Kailash-II, New Delhi-110048 (‘subject property’), particularly the basement and ground floor thereof. 2. It is stated that the basement and ground floor of the subject property were sold to respondent no.2 in proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’) by issuance of a sale certificate dated 2nd September, 2024 and a possession notice dated 22nd October, 2024. The sale 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 30/07/2026 at 15:41:47 W.P.(C) 10250/2026 certificate has been challenged by the petitioner before the National Company Law Tribunal (‘NCLT’). 3. It is stated that the petitioner continues to reside on a portion of the subject property and therefore, is directly aggrieved by the unauthorized construction. 4. Counsel appearing on behalf of the respondent no.1/MCD on advance notice submits that a demolition order has been passed on 8th May, 2026 against the unauthorized construction in the subject property, including erection of portion walls in rear portion of the basement. 4.1. A copy of the demolition order has been handed over in Court and the same is taken on record. 4.2. A copy of the same has also been handed over to the counsel for the petitioner. 5. Counsel for respondent no.1/MCD further submits that the requisite demolition action could not take place due to adequate police force not being made available. 6. In light of the aforesaid, the present writ petition is disposed of while directing the respondent no.1/MCD to take appropriate action in accordance with law in respect of the unauthorized construction. 7. The concerned SHO, P.S. Chittaranjan Park is directed to provide adequate police force so that necessary action can be taken by MCD. This order shall be communicated to the SHO, P.S. Chittaranjan Park by Mr. Niraj Kumar, Advocate, who is present in Court and who appears on behalf of Delhi Police. 8. Pending application stands disposed of. 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 30/07/2026 at 15:41:47 W.P.(C) 10250/2026 9. All rights, contentions and legal remedies of the private respondent no.2 are kept open. AMIT BANSAL, J JULY 27, 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 30/07/2026 at 15:41:47