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2026 DAILYLAW 18225 (DEL)

SMT RAJNI SAINI v. MUNICIPAL CORPORATION OF DELHI AND ORS

W.P.(C)/13552/2026 · 2026-09-16

Amit Bansal

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(C) 13552/2026 $~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010439612026 + W.P.(C) 13552/2026 & CM APPL. 63149/2026 SMT RAJNI SAINI .....Petitioner Through: Mr. R. R. Beg and Mr. Rajbeer, Advocates versus MUNICIPAL CORPORATION OF DELHI AND ORS .....Respondents Through: Mr. Hemant Singh and Mr. Attrey Gupta, Advocates for R-1/MCD Ms. Latika Malhotra, Advocate for R-3/DDA Mr. Puneet Dhawan, SPC with Mr. Akshay Sharma, G.P. for R-4/SHO Vivek Vihar Mr. Rajesh Tandon, Senior Advocate with Mr. Sunil Sharma, Mr. Divyanshu Nautiyal and Mr. Kumar Adarsh, Advocates for R-5 CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 16.09.2026 1. The present writ petition has been filed seeking a direction to the respondents to inspect the subject property bearing House No. A-176, Jhilmil Colony, East Delhi-110095 (‘subject property’), and take immediate action for stoppage of ongoing construction. 2. It is stated that petitioner is residing on the first floor of the subject property. The grievance of the petitioner is with regard to the construction 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 19/09/2026 at 11:56:09 W.P.(C) 13552/2026 being carried out above the second floor. 3. Counsel appears on behalf of respondent-MCD on advance notice and submits that unauthorised construction being carried out above the second floor of the subject property has been booked and a show cause notice has been issued on 14th September, 2026. It is further submitted that a communication dated 31st August, 2026 has been sent to respondent no.4/SHO, P.S. Vivek Vihar to stop the unauthorised construction being carried out in the subject property. 3.1. A copy of the aforesaid documents has been handed over in Court and the same is taken on record. 4. Taking note of the aforesaid submissions, the present writ petition is disposed of while directing the MCD to take appropriate action in accordance with law in an expeditious manner. A direction is also issued to SHO, P.S. Vivek Vihar to ensure that no construction is carried out in the subject property. 5. A direction is issued to the private respondent no.5 to ensure that no construction shall be carried out on the terrace of the second floor of the subject property. 6. In the event, the petitioner has any further grievance with regard to unauthorised construction, she is at liberty to take appropriate remedies in accordance with law. 7. All rights, contentions and legal remedies of private respondent no.5 are kept open. AMIT BANSAL, J SEPTEMBER 16, 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 19/09/2026 at 11:56:09