W.P.(C) 12391/2026 $~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010399282026 + W.P.(C) 12391/2026 with CM APPL. 57489/2026 and CM APPL. 57490/2026 NARESH KUMAR .....Petitioner Through: Ms. Aditi Mohan, Mr. Jayant Chauhan, Mr. Sparsh Goel and Ms. Rhea Abraham, Advocates versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Raghunath Pathak, Advocate for MCD Ms. Shubhi Bhardwaj, Mr. Sahaj Garg and Mr. Prakhar Negi, Advocates for R-2. Mr. Sanjay S. Chhabra and Mr. Himanshu Sharma, Advocates for R-3. Mr. Shashank Rai, Advocate for R-4 CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 25.08.2026 1. The present writ petition has been filed seeking the following reliefs:- 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 31/08/2026 at 11:05:51 W.P.(C) 12391/2026 2. The petitioner is the owner and resident of Flat No. 130-B, Pocket-I, Phase-I, Mayur Vihar, Delhi – 110091, which is directly below Flat No.130- D on the first floor occupied by the respondent no.3 and Flat No.130-F on the second floor, which is owned and occupied by the respondent no.4. 3. The grievance of the petitioner is with regard to unauthorised construction being carried out in both the aforesaid flats. It is stated that the MCD took demolition action on 1st July, 2026. However, the demolished portion has subsequently been reconstructed. The ongoing construction has caused cracks and seepage in the petitioner’s flat. The petitioner has filed complaints with the respondent no.1/MCD as well as the respondent no.2/SHO. A work stop notice has been issued on 12th June, 2026 to respondent no.4. 4. Counsel appears on behalf of the respondent no.1/MCD on advance 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 31/08/2026 at 11:05:51 W.P.(C) 12391/2026 notice and submits that insofar as Flat No.130-D is concerned, show cause notice has been issued on 14th July, 2026. A reply to the said show cause notice has been received from the owner/occupier and a personal hearing has now been scheduled on 1st September, 2026. Insofar as Flat No.130-F is concerned, following a show cause notice issued on 20th July, 2026, a demolition order has been issued on 16th August, 2026, which inter alia includes unauthorised construction of a third floor. 5. Taking note 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. 6. In the event the petitioner has any further grievance with regard to unauthorised construction, he is at liberty to take appropriate remedies in accordance with law. 7. All rights, contentions and legal remedies of the private respondents no.3 and 4 shall remain protected. 8. It is made clear that in terms of the work stop notice, no further unauthorised construction shall be carried out in Flat No.130-F. 9. The concerned SHO, P.S. Mayur Vihar, shall ensure that the terms of the work stop notice are strictly adhered to. AMIT BANSAL, J AUGUST 25, 2026 Vivek/- 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 31/08/2026 at 11:05:51