W.P.(C) 11671/2026 and connected matter $~51-52 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010375562026 + W.P.(C) 11671/2026 & CM APPL. 53989/2026, CM APPL. 53990/2026 KAJAL RANI SAMANTA & ANR. .....Petitioners Through: Mr. Sanjeev Sagar, Senior Advocate with Mr. Gaurav Patel, Mr. Shobhit Sabharwal, Mr. Abhishek Singh, Mr. Dushyant Pratap & Mr. Shubham Pandey, Advocates. versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Siddhant Nath, Standing Counsel for MCD with Mr. Bhavishya Makhija & Mr. Amaan Khan, Advocates. 52. + W.P.(C) 11672/2026 & CM APPL. 53993/2026, CM APPL. 53994/2026 TAPAN KUMAR SAMANTA & ANR. .....Petitioners Through: Mr. Sanjeev Sagar, Senior Advocate with Mr. Gaurav Patel, Mr. Shobhit Sabharwal, Mr. Abhishek Singh, Mr. Dushyant Pratap & Mr. Shubham Pandey, Advocates. versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Siddhant Nath, Standing Counsel for MCD with Mr. Bhavishya Makhija & Mr. Amaan Khan, 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 17/08/2026 at 11:48:58 W.P.(C) 11671/2026 and connected matter Advocates. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 13.08.2026 W.P.(C) 11671/2026 & W.P.(C) 11672/2026 1. The matters have been listed upon urgent mentioning. 2. The present writ petitions have been filed seeking setting aside of the impugned order dated 6th August, 2026 passed by the Appellate Tribunal, MCD (‘ATMCD’) in Appeal Nos.1066/2024 and 458/2025 titled ‘Kajal Rani Samanta & Anr. v. Municipal Corporation of Delhi’. 3. By way of the impugned order, the status quo order granted by the ATMCD on 1st August, 2025 has been vacated and MCD has been directed to carry out demolition and sealing action against the petitioners’ properties. 4. Mr. Sanjeev Sagar, Senior Advocate appearing on behalf of the petitioners submits that the ATMCD vide order dated 1st August, 2025 had given MCD the liberty to conduct a joint inspection of the subject property and to inform the non-compoundable deviations to the petitioners so that the petitioners could take appropriate action to remove the same. Accordingly, interim protection was granted in favour of the petitioners. 5. Subsequently, vide order dated 6th August, 2026, ATMCD has observed that in the joint inspection, it was found that the appellants have re- constructed the unauthorized construction that was demolished by MCD, amalgamated the two subject properties and have made projections on the municipal land and on the floors which is non-compoundable. It was observed that the petitioners have violated the status quo order passed by 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 17/08/2026 at 11:48:58 W.P.(C) 11671/2026 and connected matter ATMCD on 1st August, 2025 and accordingly, the interim protection was vacated and MCD was directed to carry out demolition and sealing action. The relevant extracts from the order of the ATMCD are set out below: “These are four appeals filed in respect of property no. 11-A/39 and 11- A/44, WEA, Karol Bagh, New Delhi. This court vide order dated 01.08.2025 disposed of the interim application thereby directing the parties to maintain status quo in respect of properties in question. The appellants volunteered for joint inspection on 01.08.2025 so that non- compoundable deviations can be removed. The parties were given liberty to schedule the joint inspection. Thereafter the joint inspection could not be carried out for the reason that the appellants were not available or that they did not permit this inspection and on the other hand kept on seeking adjournments on one or the other ground. The joint inspection was carried out only after the order dated 07.07.2026 vide which this Tribunal was compelled to provide police aid for this joint inspection. In this joint inspection, it was found that the appellants have reconstructed the unauthorized construction demolished by MCD, amalgamated these two properties and further have projections on municipal land on all the floors which are non-compoundable. The appellants violated the status quo directed to be maintained vide order dated 01 .08.2025 and the same is a sufficient ground to withdraw the interim protection. The appellants during last one year raised unauthorized construction, amalgamated the property and also started using the basement for commercial purposes. In these facts, the interim protection dated 01.08.2025 is vacated. The MCD is directed to demolish all non-compoundable deviations, seal the doors on all the floors through which both the properties have been amalgamated and to file action taken report on the next date of hearing.” 6. Mr. Sanjeev Sagar, Senior Advocate appearing on behalf of the petitioners submits that the impugned order was passed on the basis of a status report produced by MCD on the same day and that the petitioner was not given an opportunity to respond to the said status report. 7. This Court has asked the counsel for the parties to produce the status report filed on behalf of MCD on the basis of which the impugned order was passed. 8. Mr. Siddhant Nath, standing counsel appearing on behalf of 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 17/08/2026 at 11:48:58 W.P.(C) 11671/2026 and connected matter respondent/MCD on advance notice has handed over a copy of the status report filed on behalf of the respondent/MCD before the ATMCD. 8.1. The said status report is taken on record. 9. The relevant extracts from the status report are set out below: “3. That during inspection it has been noticed that the following deviations against the sanction building plan Vide File No. 20002989 dated 19.07.2023 exists in the property :- (A) That the projections on Mpl. Land on Ground Floor to Third Floor of the property still exists which are non-compoundable in nature. (B) That the construction in the unexavated portion (36.705 sqm) marked in the Sanction Building Plan still exists at all floors of the property which has resulted in the increase of existing FAR to 373.92% beyond permissible FAR i.e. 300% as per SBP. It is submitted that as per the provisions of UBBL-2016 deviations from limit of coverage/FAR to the extent of 5% of the permissible coverage and FAR, subject to maximum 13.5 sqm can be compounded. (C) That the property no. 11A/40, WEA, Karol Bagh, New Delhi is amalgamated with the adjacent property by providing a door at lobby from Ground Floor to Third Floor which is also non-compoundable deviation. 4. That during inspection, it has been noticed that the premises is being occupied by several different dwellers and it appears that a PG accommodation is being run in the property. Further the Basement of the property is also been used for commercial activity which is not permissible as per provisions of MPD-2021. Further action shall be taken in due course of time, as per law. 5. That the copy of Sanction Building Plan, Photographs and Videography of the property taken during inspection are annexed herewith for kind perusal of the Hon’ble Court.” 10. MCD in the aforesaid status report has pointed out the non- compoundable construction on the subject property as noted in paragraph 3 above. The status report nowhere discloses that any construction was carried out by the petitioners after the demolition exercise was carried out by MCD. 11. Mr. Sagar, Senior Advocate for the petitioner, on instructions, submits 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 17/08/2026 at 11:48:58 W.P.(C) 11671/2026 and connected matter that all the non-compoundable deviations pointed out in the status report will be rectified/demolished by the petitioners themselves within six (6) weeks from today. 11.1 The aforesaid statement is taken on record and the petitioners shall be bound by the same. 12. In the event the non-compoundable deviations as noted above are not demolished/rectified within the period of six (6) weeks from today, MCD shall be free to proceed in accordance with law. 13. Insofar as the misuse being carried out in the basement of the subject property mentioned in the status report as set out above, MCD is free to proceed in accordance with law. 14. In view of the above, the present writ petitions along with all pending applications stand disposed of. AMIT BANSAL, J AUGUST 13, 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 17/08/2026 at 11:48:58