W.P.(C) 5154/2026 $~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5154/2026, CM APPL. 25244/2026, CM APPL. 25245/2026 & CM APPL. 48775/2026 SANTOSH MAHESHWARI .....Petitioner Through: Ms. Charu Sharma, Advocate. versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Ms. Mansi Gupta, Advocate for MCD. Mr. Niraj Kumar, Senior Central Government Counsel for Delhi Police. Mr. Ravinder Singh, Mr. Ritvik Bhardwaj and Ms. Nishita Kushwaha, Advocates for R-3 and R-5. Mr. Shashi Pratap Singh and Ms. Laqshyaa Saluja, Advocate for R-4. Ms. Nishi, S.I. P.S. GK-1. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 29.07.2026 CM APPL. 25245/2026 (exemption) 1. Allowed, subject to all just exceptions. W.P.(C) 5154/2026 2. The present writ petition has been filed seeking a direction to respondent no.1/ MCD to demolish the illegal and unauthorised construction being carried out by the private respondent no.3 at and over the second floor of the property bearing No. C-47, Greater Kailash Part-I, New Delhi- 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 31/07/2026 at 14:10:35 W.P.(C) 5154/2026 110048 (‘subject property’). 3. It is stated that the petitioner is the owner of the ground floor of the subject property. The petitioner is aggrieved by the construction being raised by private respondent no.3 without any sanctioned plan, which is posing a threat of structural instability in the subject property. Photographs have been filed along with the writ petition showing the ongoing construction. 4. Status report on behalf of MCD has been handed over in Court and the same is taken on record. 5. Copy of the status report has been handed over to counsel for the petitioner. 6. It is stated in the status report that respondent no.3, Mr. Amarjeet Singh, has filed an application for regularisation of the existing construction on the second floor on 16th December, 2025. The said application for regularisation was allowed by respondent/MCD on 17th March, 2026 (Annexure-D to the status report). 7. It is further stated that insofar as the terrace over the second floor of the subject property is concerned, a show cause notice was issued for unauthorised construction on 17th April, 2026. A reply to the show cause notice was filed and a hearing was given. During the hearing, the notice was issued to respondent no.5, Mr. Prampreet Singh. It was stated that respondent no.5 himself removed the booked portion on the terrace over the second floor. The same has been verified by respondent-MCD and accordingly, the proceedings initiated vide notice dated 17th April, 2026 have been closed by the MCD. 8. On behalf of the petitioner, an application has been filed being CM APPL. 48775/2026 seeking to amend the writ petition in order challenge the 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 31/07/2026 at 14:10:35 W.P.(C) 5154/2026 regularisation order issued by the MCD on 17th March, 2026. 9. In the considered opinion of this Court, the challenge to the regularisation order cannot be considered in the present proceedings under Article 226 of the Constitution of India. 10. In the event the petitioner has any grievance with the regularisation order, the petitioner would have to invoke statutory remedy of appeal before the ATMCD. 11. Taking note of the submissions made in the status report filed on behalf of the respondent-MCD, no further orders are required to be passed in the present petition. 12. Accordingly, the present writ petition stands disposed of. AMIT BANSAL, J JULY 29, 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 31/07/2026 at 14:10:35