W.P.(C) 13308/2026 p. 1 $~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010431242026 + W.P.(C) 13308/2026 & CM APPL. 61893/2026 MANISH KUMAR BHALLA .....Petitioner Through: Mr. Sanjay Baniwal, Mr. Parminder Singh Sandhu and Mr. Neelesh Singh, Advocates versus MCD & ORS. .....Respondents Through: Mr. Rohit Kathuria and Mr. Harshit Sharma, Advocates for R-1/MCD Mr. Shashi Pratap Singh, Ms. Shagun Sabharwal and Ms. Laqshyaa Saluja, Advocates for DDA Mr. Amit Kumar Dogra, SPC with Mr. Manish Rawat, G.P., Mr. Mohit Bokoliya and Mr. Abhishek Mohanpuria, Advocates for R-3/Delhi Police CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 10.09.2026 CM APPL. 61893/2026 (exemption) 1. Allowed, subject to all just exceptions. W.P.(C) 13308/2026 2. 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 14/09/2026 at 17:44:41 W.P.(C) 13308/2026 p. 2 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 14/09/2026 at 17:44:41 W.P.(C) 13308/2026 p. 3 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 14/09/2026 at 17:44:41 W.P.(C) 13308/2026 p. 4 3. It is stated that the petitioner is a resident of ground floor of the property bearing no.CA-11/2, Tagore Garden, New Delhi (‘subject property’). It is the contention of the petitioner that the foundation of the subject property is weak and hence, the said property should be demolished being in a dangerous condition. 4. Earlier, the petitioner had filed a writ petition being W.P.(C) 10918/2026 against the unauthorised construction being carried out in the third floor of the subject property. The said petition was disposed of by this Court on 6th August, 2026 while directing respondent no.1/MCD to inspect the construction being carried out on the third floor and take appropriate action in accordance with law. 5. The petitioner submits that a representation has been made with the respondent no.1/MCD along with photographs of the subject property to show that the property is in a dangerous condition. 6. Counsel for MCD submits that the petitioner has not filed any report/opinion of the Structural Engineer certifying that the subject property is in a dangerous condition. He further submits that the present petition has been filed on account of a dispute between petitioner and private respondents. 7. Clearly no direction can be given to the MCD only on strength 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 14/09/2026 at 17:44:41 W.P.(C) 13308/2026 p. 5 said photographs. 8. Accordingly, the petitioner shall get an inspection of the subject property done through a competent structural engineer empanelled with MCD and on basis of the said report, make a fresh representation to the MCD. 9. In the event such a representation is made, the respondent no.1/MCD shall duly consider the same. 10. The writ petition stands disposed of. 11. The pending application stands disposed of. 12. All rights, contentions and legal remedies of respondent no.5 are kept open. AMIT BANSAL, J SEPTEMBER 10, 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 14/09/2026 at 17:44:41