$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010380102026 + W.P.(C) 11839/2026 & CM APPL. 54675-76/2026 ANANG PAL SINGH .....Petitioner Through: Mr. Sarthak Gupta and Mr. Piyush Goel, Advocates. versus REGISTRAR COOPERATIVE SOCIETIES & ORS......Respondents Through: Ms. Chand Chopra, Adv with Ms. Sakshi Gupta and Ms. Thankam Krishnan, Advs. for DDA. Mr. Sameer Vashisht, SC civil GNCTD with Mr. Aryaman Vavhher, Advocate for R-3. Mr. Manoj Kumar, Advocate for R-7. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE VIKAS MAHAJAN O R D E R % 17.08.2026 1. This hearing has been done through hybrid mode. CM APPL. 54676/2026 (for exemption) 2. Allowed subject to all just exceptions. Application is disposed of. W.P.(C) 11839/2026 and CM APPL. 54675/2026 3. The present petition has been filed by the Petitioner under Article 226 of the Constitution of India, inter alia, seeking directions to the Respondents to protect the common green area in Bharat Cooperative Group Housing 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 20/08/2026 at 11:25:54 Society Ltd. (hereinafter, ‘the Society’) as also to demolish the illegal construction in Flat No. 153, 154 in the Society. 4. The allegations in the writ petition by the Petitioner, who is a resident of Flat No. 17 in the Society, are that the occupant of Flats No. 153 and 154, i.e., Respondent No. 7, has raised unauthorized constructions and has extended the rear passage of the flats into the common green area of the Society. 5. It is further alleged that Respondent No. 7 has also constructed a porch at the rear of the flat. It is pointed out that the green area has, in fact, been partially removed and the flat has been extended. 6. Ld. Counsel for Respondent No. 7 submits that the same has been removed. 7. The Petitioner has also placed on record certain photographs to show the encroachments and unauthorised construction by Respondent No.7. The said photographs are extracted below: 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 20/08/2026 at 11:25:54 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 20/08/2026 at 11:25:54 8. The Court has perused the photographs. It becomes clear from the photographs that an extension of the flat has been made, and hard flooring with an iron grill on top has been installed in the form of a roof. 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 20/08/2026 at 11:25:54 9. The said construction has obviously encroached upon the green patch, at the rear of the flat. In all these flats of the Society, the rear green patch area has to be maintained in a uniform manner, so that the area can be used by the residents, children, etc. 10. The encroachment upon the green patch would, therefore, not be permissible. 11. The second allegation of the Petitioner is that the partition wall between the two flats, i.e., Flat Nos. 153 and 154, has also been removed, which is likely to affect the structural stability of the building. 12. Ld. Counsel for the Petitioner submits that the Secretary of the Managing Committee of the Society is the brother of Respondent No. 7 and, therefore, no action has been taken in respect of the said construction. 13. These are serious allegations against Respondent No.7. 14. Let the Municipal Corporation of Delhi (hereinafter, ‘MCD’) inspect whether the partition wall has been removed and, and whether such removal is likely to affect the structural stability of the building. If so, the Respondent no.7 shall be obliged to reconstruct the said wall. 15. The remedial action, insofar as removal of unauthorised construction/encroachment at the rear of the flat, and reconstruction of the partial or full middle wall between the two flats is concerned, shall be undertaken within two months from this order. 16. The first inspection of Respondent No. 7’s flats shall be carried out by the MCD, Inspector on 20th August, 2026 at 11:30 a.m. Any remedial measures suggested shall be taken by Respondent no.7. Second inspection shall take place by 30th October 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 20/08/2026 at 11:25:54 17. The petition is disposed of with the above terms. All pending applications, if any, are also disposed of. 18. Status report after conducting both inspections shall be placed on record by the next date. List for reporting of compliance on 26th November, 2026. PRATHIBA M. SINGH, J. VIKAS MAHAJAN, J. AUGUST 17, 2026/MR/SM 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 20/08/2026 at 11:25:54