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2026 DAILYLAW 15909 (DEL)

MOHD SARFARAZ v. MUNICIPAL CORPORATION OF DELHI & ORS.

W.P.(C)/10679/2026 · 2026-08-21

Amit Bansal

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(C) 10679/2026 $~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010343102026 + W.P.(C) 10679/2026 MOHD SARFARAZ .....Petitioner Through: Mr. Nikhil Tuteja and Mr. Atul Bhojane, Advocates (through VC) versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Ms. Aarushi Tiku, Advocates for R-1 & 2/MCD. Mr. Niraj Kumar, Sr. Central Govt. Counsel with Mr. Kartik Sharma (GP), Advocate for Delhi Police. Mr. Shrey Sharawat, SPC with Mr. Himanshu Sihag, Advocate for R-4 & 5 (through VC) CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 21.08.2026 1. The present writ petition has been filed seeking a direction to the respondents to remove the unauthorized construction carried out by the respondent no.6 upto 6th floor at property bearing no. 673 - 674, Gali Nal Bandan, Chhota Bazar, Kashmere Gate, Delhi – 110002 (‘subject property’). 2. Status report has been filed on behalf of the respondent-MCD. However, the same is not on record. 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 24/08/2026 at 11:02:19 W.P.(C) 10679/2026 3. A copy of the status report is handed over in Court and the same is taken on record. 4. In terms of the status report, a sanctioned plan was issued under Section 336 of the Delhi Municipal Corporation Act, 1957 for construction in the subject property. However, it was found that unauthorized construction in the shape of variation/deviation and excess coverage at ground floor, first floor, second floor and third floor against SBP ID No.10119461 dated 7th October, 2024 and unauthorized construction of entire fourth floor. 4.1 The same has been booked and a show-cause notice dated 19th August, 2026 has been issued to the builder. 5. Taking note of the submissions made in the status report, the present writ petition is disposed of while directing the respondent-MCD to expeditiously take action in accordance with law. 6. Liberty is given to the petitioner to approach this Court in case any further grievance survives. 7. All rights, contentions and legal remedies of the private respondent are kept open. AMIT BANSAL, J AUGUST 21, 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 24/08/2026 at 11:02:19